Islamabad: Chief Justice Qazi Faez Isa shared thoughts on the possibility of a lifetime disqualification for politicians. The discussion centered around the interpretation of Article 62(1)(f) of the Constitution, with a seven-member larger bench presided over by Chief Justice Isa addressing the case.
The larger bench, consisting of eminent justices such as Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Mandukhel, Muhammad Ali Mazhar, and Musrat Hilali, is evaluating the scope and implications of Article 62(1)(f) related to the disqualification of politicians.
During the proceedings of Lifetime disqualification case, the petitioner’s lawyer, Khurram Raza, questioned the jurisdiction of the Supreme Court in hearing the case, emphasizing that Article 62(1)(f) refers to a “court of law” rather than the Supreme Court. Chief Justice Isa highlighted the distinction between constitutional and civil courts, noting the powers vested in both the election commission and the Supreme Court as specified by law.
The discussions further delved into concerns about the lack of a specified disqualification period in Article 62(1)(f) and the need for logical reasoning in decisions related to disqualification. The chief justice questioned the imposition of a lifelong ban for lying, emphasizing the importance of a logical basis for such decisions.
The hearing also touched upon the historical context of constitutional amendments, with Chief Justice Isa expressing reservations about amendments made under duress during dictatorial regimes. The justices engaged in a comprehensive exploration of issues, including the impact of decisions on disqualification, the role of the election tribunal, and the possibility of repentance mitigating disqualification.
As the arguments continued, the chief justice emphasized the need for clarity in decisions and cautioned against introducing confusion that could hinder the electoral process. The discussion extended to the relationship between Parliament’s legislation and the court’s interpretation, with a focus on maintaining fairness and transparency in the trial process.
In the latter part of the hearing, Judicial Assistant Aziz Bhandari presented insights on the interpretation of Article 62(1)(f) in light of constitutional amendments. The discussions touched on the mechanism of disqualification, the role of the Election Tribunal, and the potential revisitation of aspects from the Samiullah Baloch case.
As the proceedings concluded, Chief Justice Isa reiterated the importance of logical reasoning in decisions and emphasized the need for a balanced and fair approach to disqualification matters. The ongoing case serves as a critical examination of the constitutional provisions related to politician disqualification and their implications on the democratic process. The court continues its efforts to ensure clarity, fairness, and adherence to constitutional principles in addressing these complex issues.
