ISLAMABAD: Chief Justice of Pakistan Qazi Faiz Isa remarked during the hearing of a case that whether Parliament’s legislation will work or the Supreme Court’s decision, the camel has to sit on a crotch while the Supreme Court’s decision on lifelong disqualification and the Election Act together. Can’t walk.
In the Supreme Court, a bench consisting of Chief Justice of Pakistan Qazi Faiz Isa and Justice Athar Minullah heard the case of disqualification of Mirbadshah Qaisrani, in which the court sent the matter of determining the period of disqualification for life to the Judges Committee.
The court said that the present case shall not be used as a tool to delay the elections, the notice of the present case should be published in the English language newspapers.
The court took notice of the inconsistency in the decision of the Supreme Court on the issue of lifetime disqualification and the amendment of the Election Act which was taken in the case of lifetime disqualification of Mir Badshah Qaisrani.
Nowhere in Article 62 One F is it written that there can be disqualification for life under it: Hamid Khan
During the hearing, the Panama case related to lifelong disqualification and the amendments in the Election Act were discussed, during which Justice Athar Manullah said that the current case is related to the 2018 elections, now the new elections are on the horizon, so how is this a live issue?
The Chief Justice asked why Mir Badshah Qaisrani was disqualified. On this, the lawyer petitioner said that Mirbadshah Qaisrani was disqualified in 2007 based on a fake degree but the High Court allowed him to contest the 2018 elections, Mirbadshah Qaisrani was disqualified under Article 62 1F.
The Chief Justice asked that if someone’s sentence ends, how can lifelong disqualification be maintained? On this, the petitioner’s lawyer said that the person submitting the nomination papers on false affidavit should be disqualified, the Supreme Court had given a decision in the Panama case on the interpretation of Article 62 1F.
The Chief Justice of Pakistan said that the Supreme Court has two views on lifelong disqualification. On this, the petitioner’s lawyer said that even in the crime of murder, the disqualification of the politician will be only 5 years.
Justice Qazi Faiz Isa asked that any new law related to lifelong disqualification and Article 62 One F has also come. The petitioner’s lawyer said that the maximum period of disqualification has been increased to 5 years by recently amending the Election Act.
Justice Athar Manullah said that by adding Section 232 to the Election Act, the decision of the Supreme Court on Article 62 One F has become ineffective.
The Chief Justice said that no one has challenged the amendments in the Election Act, when the amendments in the Election Act are not challenged, the other party will rely on it. By adding Article 232 to the Election Act, the concept of lifelong disqualification has been eliminated.
Justice Qazi Faiz Isa said that the elections are on, the Returning Officer, the Election Tribunal, and the courts will be in a dilemma whether to rely on the Election Act or the decision of the Supreme Court.
The Chief Justice said that the Constitution is silent on the period of disqualification under Article 621F, in Article 631G the disqualification for the destroyer of Pakistan is 5 years, in Article 631H the disqualification for moral offenses is 3 years, the actual disqualification is It is in Article 63.
Justice Qazi Faiz Isa said that the person who destroyed Pakistan should not enter politics again, but the disqualification of the person who destroyed Pakistan is also 5 years, the language of the constitution has to be looked at, everything is not clearly stated in the constitution, which is not clear in the constitution. As the Supreme Court can interpret, not explain, before the 5-member bench of the Supreme Court, there was no issue of disqualification period, the judgment of the Supreme Court and the legislation of the Parliament, both cannot be ignored, the legislation of the Parliament will prevail or that of the Supreme Court. The decision, the camel has to sit on a crotch, on the one hand, the Supreme Court is sufficient, on the other hand, the law will depend on Araux. Elections have come, but no one knows whether he will contest the election or not. Supreme Court’s decision on lifelong disqualification and the Election Act cannot go together.
The Chief Justice questioned that the disqualification for a crime like high treason is 5 years, so why the lifelong disqualification of those who do not pray or tell a lie?
Later, the court adjourned the hearing till January 24 by issuing a notice to the Attorney General and all the provincial advocate generals.
