IN a landmark development, the Supreme Court of Pakistan (SCP) Monday nullified life time disqualification for holders of public office, setting aside its own previous order that envisaged a lifetime bar on politicians, clearing the way for PML(N) leader Mian Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) chief Jehangir Tareen to participate in the forthcoming general election in a legitimate manner. A seven-member larger bench — headed by CJP Qazi Faez Isa ruled that no person can be barred for a lifetime from running in elections if they are disqualified under Article 62 (1)(f), overruling its controversial judgment in the Samiullah Baloch case. Announcing its reserved judgement in the case, the SC noted that Article 62(1)(f) of the Constitution is not a self-executory provision as it does not by itself specify any period for disqualification.
The historic verdict removes the sword of Damocles hanging over the heads of politicians and elected representatives who faced life-time disqualification over whimsical interpretation of the relevant provisions of the Constitution. In the Constitution, there was no reference to the duration of disqualification but the previous decision of the top court and its verdicts in similar other cases made the interpretation about disqualification almost person-specific. It was widely believed that the interpretation of life-time was aimed at keeping the PML(N) leader MNS out of the political and democratic process. As Nawaz was earlier cleared from other accountability related cases, therefore, the latest verdict makes the symbolic lion shackle-less. The apex court has not only undone another wrong but also did at the right time – in the midst of the electoral process, making it easier for returning officers, election tribunals and high courts to decide appeals against acceptance or rejection of candidates on the basis of Article 62(1)(f). Except leaders of the rival political parties and aligned lawyers, legal experts have widely hailed the judgement of the Supreme Court pointing out that the issue of life-time disqualification was against the principle of natural justice as how can the court determine the duration of the disqualification when the Constitution was silent on the subject. The court’s ruling has eliminated any ambiguity that existed regarding the tenure of disqualification, as the law passed by Parliament has prevailed which envisages the disqualification to be limited to five years. This is yet another manifestation of respect for Parliament by the judiciary and this augurs well for harmonious relationship among organs of the state. The bench explained the reading into the Constitution was against the principle of harmonious interpretation of the provisions of the Constitution as it abridges the fundamental right of citizens to contest elections and vote for a candidate of their choice enshrined in Article 17 of the Constitution in the absence of reasonable restrictions imposed by law. Until a law is enacted, the short order said, to make its provisions executory, Article 62(1)(f) stands on a similar footing as Article 62(1)(d), (e) and (g), and serves as a guideline for the voters in exercising their right to vote. This means for all practical purposes, these provisions envisaging do’s and don’ts for election candidates would remain almost irrelevant and it would be for the next parliament to specify the period of disqualification, may be through an amendment in the Constitution to clear the ambiguity for all times to come. Politicians have rightly welcomed the development as a discriminatory verdict has been reversed clearing the way for many others to contest elections without any legal obstacle. Central Secretary Information of the Nawaz-led party Marriyum Aurangzeb termed it “a step towards the restoration of constitutional sanity” adding that the provision of lifetime disqualification was an instrument created for one reason and one agenda to persecute and exclude the “longest-serving prime minister from national politics forever”. IPP President Aleem Khan also welcomed the verdict while PPP leader Qamar Zaman Kaira termed it a good move that acknowledges the supremacy of Parliament. As expected, PTI is viewing it as a move tilted towards MNS but in practice the verdict would benefit all those who were susceptible to such disqualification now and in future. We hope that Parliament would remove all ambiguities from the Constitution and other laws that are interpreted by courts in a whimsical manner for the sake of political and democratic stability.
