62(1)(f) Disqualification
The Supreme Court of Pakistan has constituted a seven-member larger bench to hear a host of petitions against the disqualification of public office holders under Article 62(1)(f) of the constitution.
PMLN Supremo Nawaz Sharif and Istehkam-e-Pakistan Party leader Jahangir Khan Tareen were disqualified under Article 62(1)(f) in 2017.
Sharif also faced disqualification over Avenfield and Al Aziziya references, however, courts acquitted him in both cases in recent weeks following his return to the country on October 21.
The seven-member bench to hear the petitions against 62(1)(f) disqualification would be headed by Chief Justice of Pakistan Justice Qazi Faez Isa.
The apex court will hear the petitions on January 2, 2024, almost a month before the February 8 polls.
Understanding Article 62(1)(f) Disqualification:
Two articles in the Constitution of Pakistan deal with the qualification of lawmakers. Article 62 defines the merits for qualification and Article 63 for disqualification for a person to become a member of the Parliament.
A sub-clause of Article 62, named 62(1)(f), states that a person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) “unless — he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the contrary by a court of law”.
While an MP could also be disqualified from holding public office for serious crimes under other laws of the country, the disqualification under 62(1)(f) is more severe.
A person disqualified under other laws may return to the parliament after five years from the date of conviction, but the disqualification under 62(1)(f) is for a lifetime.
Nawaz Sharif’s Disqualification:
The Supreme Court in 2017 ruled that Nawaz Sharif did not qualify to be honest and ameen because he hid his potential income from his son’s firm.
A law passed by the PDM-controlled parliament earlier this year reduced the disqualification period to five years for everyone. However, ambiguity remained.
PTI leaders have asserted recently that despite his acquittal, Nawaz Sharif remains disqualified from holding public office and hence cannot become a member of the parliament or prime minister.
The Upcoming Supreme Court Hearings:
With the scheduled hearings on January 2, 2024, the Supreme Court will delve into the complexities of Article 62(1)(f) disqualification, shaping the legal landscape around the eligibility of public office holders and influencing the political dynamics leading up to the upcoming elections on February 8, 2024.
