Ijaz Kakakhel Islamabad
Chief Justice of Pakistan Qazi Faez Isa remarked on the question related to the lifetime disqualification of politicians, stating that if the Election Commission of Pakistan can disqualify politicians for life, then the Supreme Court will also have the power.
Will the Election Act determine the disqualification of politicians, or will it be the decision of the Supreme Court? The hearing of the case to interpret Article 62(1)(f) of the Constitution in the Supreme Court is ongoing in the Supreme Court. A seven-member larger bench, headed by Chief Justice Qazi Faez Isa, are hearing the case related to the disqualification of politicians under Article 62(1)(f). Justices Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Mandukhel, Muhammad Ali Mazhar, and Musrat Hilali are also part of the larger bench.
Petitioner Fayaz Ahmad Ghauri and Sajjadul Hasan’s lawyer, Khurram Raza, questioned the jurisdiction, asking under which jurisdiction the Supreme Court is hearing the case. The Chief Justice of Pakistan advised Raza to confine himself to his plea. In response, Khurram Raza argued that the authority to give the declaration of Article 62(1)(f) belongs to the election tribunal, as the court of law is mentioned in Article 62(1)(f), not the Supreme Court. He emphasized that Article 62 talks about a court of law.
Justice Qazi Faez Isa pointed out that Article 99 gives power to the high court, and Article 184(3) gives power to the Supreme Court. The key question is whether Article 62(1)(f) grants any power to the Supreme Court. Khurram Raza raised concerns about the lack of a specified disqualification period in Article 62(1)(f) and. The petitioner’s lawyer argued that the Supreme Court hears cases against the tribunal’s decisions under appellate jurisdiction. The chief justice acknowledged this but questioned whether Article 62(1)(f) grants the tribunal the power to impose a lifelong disqualification or if that power is directly with the Supreme Court.
The chief justice emphasized the distinction between constitutional courts and civil courts, noting that the election commission and the Supreme Court both have powers, as specified by the law. Regarding the concept of a lifelong disqualification, Justice Mansoor Ali Shah argued that a person making a false statement in nomination papers may not be barred for life. He referred to the Representation of the People Act, to which the chief justice responded, highlighting potential contradictions.
