Pak SC ends lifetime disqualification of Nawaz Sharif from running office

The Supreme Court of Pakistan on Monday ended the lifetime disqualification of lawmakers, recalling its earlier order of disbarring politicians from running for office ever.
The decision has come as a major boost for several big names who are aiming to contest the general elections on February 8.

The latest judgement allows Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) chief Jahangir Tareen to run for office as they were disqualified for life, Dawn reported.

The Supreme Court declared that no person can be barred for a lifetime from running in elections if they are disqualified under Article 62 (1)(f), setting aside its landmark judgment in the Samiullah Baloch case.

A seven-member larger bench — headed by CJP Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali — conducted the hearings of the case, which were broadcast live on the apex court’s website.
The bench announced the verdict with a 6-1 majority as Justice Yahya Afridi disagreed with his fellow judges, backing the apex court’s previous judgment.

Notably, the legal conundrum arose after the parliament passed the amendments in the Elections Act 2017, restricting the disqualification period of a politician to five years, instead of a lifetime, contrary to the SC order, which deemed disqualification under Article 62(1)(f) as ‘permanent’, Dawn reported.

While announcing the reserved verdict, the chief justice of Pakistan noted that since the election schedule was issued, it was “necessary” to release the order at the earliest.
In the written order, 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.

“There is no law that provides for the procedure, process, and the identification of the court of law for making the declaration mentioned in Article 62(1)(f) of the Constitution and the duration of such a declaration, for the purpose of disqualification thereunder, to meet the requirements of the Fundamental Right to a fair trial and due process guaranteed by Article 10A of the Constitution, the apex court stated.

“Until a law is enacted to make its provisions executory, Article 62(1)(f) of the Constitution 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,” the order read.