ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed dismay on Friday regarding the erosion of the Constitution over time, emphasizing the greater sanctity of the “original Constitution.”
These comments came during the Supreme Court’s resumed hearings on petitions aiming to clarify whether a lawmaker’s disqualification period spans five years or a lifetime.
Heading a seven-member larger bench, CJP Isa, along with Justices Syed Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar, and Musarrat Hilali, delved into the ongoing case. The proceedings are accessible to the public through live broadcasts on the apex court’s website.
The central issue being addressed is the ambiguity surrounding the disqualification of candidates under Article 62(1)(f) of the Constitution, particularly in relation to contesting elections after amendments made in the Elections Act 2017. This provision, mandating parliamentarians to be “sadiq and ameen” (honest and righteous), led to the disqualification of former Prime Minister Nawaz Sharif and Istehkam-i-Pakistan Party Chairman Jahangir Tareen.
The legal complexity arose following a 2018 Supreme Court ruling in the Samiullah Baloch case, where it was determined that disqualification under Article 62(1)(f) was meant to be “permanent.”
However, an amendment in June 2023 to the Elections Act 2017 stipulated a five-year disqualification period, contradicting the previous understanding.
This dilemma surfaced again during a recent case involving Sardar Mir Badshah Khan Qaisarani, disqualified for presenting a forged degree, whose appeal remains pending before the Lahore High Court.
In earlier hearings, Justice Isa highlighted the lack of debate surrounding constitutional amendments related to the disqualification of lawmakers under Article 62(1)(f).
He underscored that these amendments were introduced under specific circumstances during martial law, without broader deliberation, indicating a history where individual authority during dictatorial regimes imposed such provisions without due discourse or consideration.
