Pakistan’s Supreme Court on Monday revoked its earlier order banning politicians from contesting elections forever, ending the lifetime disqualification of parliamentarians.
This decision of the Supreme Court has brought great relief to Nawaz Sharif. In fact, the Supreme Court had earlier banned Nawaz Sharif from contesting elections for life.
The Supreme Court’s decision has allowed Pakistan Muslim League-Nawaz (PMLN) chief Nawaz Sharif and Stabilization Pakistan Party IPP chief Jahangir Tareen to contest the election.
The Supreme Court has annulled its historic decision in the Samiullah Baloch case and declared that no person can be prevented from contesting elections for life by disqualifying him under Article 62 (1) (f).
A seven-member larger bench headed by Chief Justice Qazi Faiz Isa, comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandukhel, Justice Mohammad Ali Mazhar and Justice Musrat Hilali conducted the hearing. Which was broadcast live on the website of the Supreme Court.
The bench delivered the verdict by a majority of 6-1 as Justice Yahya Afridi dissented from his fellow judges upholding the earlier Supreme Court decision.
The National Assembly passed this law in 2017
Explain that the legal confusion arose when Parliament approved the amendment to the Election Act, 2017.
In which the period of disqualification of a politician was limited to five years instead of life which was against the Supreme Court order which said that disqualification under Article 62(1)(f) is prohibited.
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The Chief Justice of Pakistan said that since the election schedule has been released, it was necessary to issue the order as soon as possible.
The Supreme Court held that there is no law which prescribes the procedure for declaration in Article 62(1)(f) of the Constitution and the determination of a court of law and the period for such declaration.
The Supreme Court held that disqualification under it is intended to satisfy the fundamental right to fair trial and the requirements of due process guaranteed by Article 10A of the Constitution.
The decision came after 16 years
The Supreme Court last month on the petition filed by former Muslim League (N) MLA Sardar Mir Badshah Khan Qaisrani during the hearing last month regarding the period of disqualification in the Election Act 2017 and the decision of the Supreme Court. The discrepancies were noticed. Which held that disqualification is prohibited under Article 62(1)(f). The Chief Justice of Pakistan said that since the election schedule has been released, it was necessary to issue the order as soon as possible.
Qaisrani had in 2007 challenged the lifetime disqualification over the fake degree.
The Chief Justice had remarked in the previous hearing on January 4 that it was against Islam to disqualify someone from Parliament for life.
He said that the court is asking for an explanation as to whether the period of disqualification for an MLA was up to five years as per the amendment.