SC takes up case of lifetime bar on MPs today

ISLAMABAD: The Supreme Court will today (Tuesday) take up important cases, including the matter of lifetime disqualification of lawmakers.

A seven-member larger bench — headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa will take up the matter of lifetime disqualification of MPs at 11:30am.

The other members of the bench include Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Musarat Hilali.

On December 11, 2023, the chief justice while heading a three-member bench hearing a matter related to the disqualification of a former MP, took notice of contradiction between its judgment and the legislation made through an amendment to the Election Act pertaining to the lifetime disqualification. The chief justice had observed that the Supreme Court’s judgment on lifetime disqualification and the amendments made to the Election Act 2017 could not exist simultaneously. He further said either the legislation enacted by parliament to the Elections Act or the judgment delivered by the Supreme Court will prevail.

The court had referred the matter to a three-member committee, constituted under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023 that takes the decision on fixation of cases before the apex court benches. The Supreme Court judgment in the year 2018 had held that any person disqualified under Article 62(1)(f) of the Constitution would be considered as lifetime. Former prime ministers Muhammad Nawaz Sharif was disqualified by the Supreme Court in Panama case under Article 62(1)(f) of the Constitution in 2017.

The court had held that Nawaz had been dishonest to the parliament and the courts by not disclosing his employment in a Dubai-based company in his 2013 nomination papers, and thus, he could not be deemed fit for his office. Later, an accountability court awarded him 10-year imprisonment in the Avenfield apartments and seven years in Al-Azizia references.

Later on, the former coalition government of PDM made an amendment to the Elections Act 2017, decreasing the legislator’s disqualification to five years retrospectively. However, the Islamabad High Court acquitted him in both cases after the former premier returned to country.

The matter is of immense importance as the general elections are being held on February 8, while the Election Commission has rejected nomination papers of most of the main aspiring candidates of PTI including its founder Imran Khan.

The electoral body, however, has accepted the nomination papers of most of the PMLN candidates including its Quaid Muhammad Nawaz Sharif that sparked criticism on behalf of the PTI leaders on the role of Election Commission.

They are of the view that despite the fact that Nawaz was a convicted person and the matter of lifetime disqualification of MPs was yet to be decided by the Supreme Court, the electoral body accepted his nomination papers for the upcoming elections. The nomination papers of Mian Nawaz Sharif for NA-130 were challenged the other day in the appellate tribunal by one Ishtiaq Chaudhry, the Pakistan Awami Mahaz (PAM) chief, asserting that Nawaz has been disqualified for life by the Supreme Court, rendering him ineligible to contest the elections. On December 26, RO Asghar Joya of NA-130 Lahore accepted Nawaz’s nomination papers without any objection.

Nawaz Sharif will face PTI’s Dr Yasmin Rashid and 22 other candidates in NA-130 contest if his nomination papers clear the latest legal hurdle.

Likewise, a three-member bench of the apex court — headed by Chief Justice Qazi Faez Isa — will today also take up a constitutional petition filed by Barrister Aitzaz Ahsen concerning the unlawful practice of enforced disappearances, praying for decaling it as violative of various articles of the Constitution. Ahsen had prayed the apex court to declare enforced disappearances as violative of, inter alia, Articles 4, 9, 10, 14, 19 and 25 of the Constitution besides declaring that the Commission of Inquiry on Enforced Disappearances did not adequately comply with legal and international standards.

Similarly, he had prayed the apex court to set up an effective and purposeful commission as done by the apex court in the case of Watan Party PLD 2012 SC, 292.

Aitzaz had prayed the apex court that the Commission should be headed by a judge of Supreme Court as its chairman who has, at least, two years ahead of him/her in office while the commission members should be the Supreme Court Bar Association president, Pakistan Bar Council through its vice chairman, presidents of Lahore, Sindh, Peshawar and Quetta Bar Associations, chairman Human Rights Commission of Pakistan, chairperson National Commission on Status of Women, DG Inter Services Intelligence (ISI), additional director general of Intelligence Bureau (IB) and president Pakistan Federal Union of Journalists.

The same bench will also take up the appeal of Election Commission against the order passed by the Peshawar High Court, suspending its order of appointing Irfanullah as returning officer (RO) for PK-91 Kohat II, Khyber Pakhtunkhwa (KP).

Meanwhile, the court will take up on January 3 a petition of PTI seeking a level-playing field in the upcoming elections, APP reports.

A three-member bench of the court, headed by Chief Justice of Pakistan Justice Qazi Faez Isa, will take up the case for hearing.

The court directed the PTI lawyers to appear before it after the break. However, the lawyers could not make it to the bench on the given time after which the registrar’s office fixed the case for hearing on January 3.