SC Questions Lifetime Disqualifications, Seeks Election Act Clarity

Islamabad: The Supreme Court of Pakistan has issued notices to the Attorney General and advocate generals of all provinces in a case related to lifetime disqualifications.

The three-member bench, led by Chief Justice Qazi Faez Isa, addressed the lifetime disqualifications case of former JUI-F MPA Meer Badshah Khan Qaisrani.

During the proceedings, the bench noted a contradiction between the SC’s verdict on lifetime disqualification and amendments in the Election Act 2017. The matter has been referred to a judges committee to be resolved before a larger bench.

Chief Justice Isa highlighted the confusion arising from conflicting provisions and remarked on the silence of the Constitution regarding the duration of disqualification under Article 62 and Article 63.

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CJP Isa emphasized that the real disqualification is under Article 63, adding that interpreting the Constitution is necessary where clarity is lacking. He stated that while the case would be heard in January 2024, it should not be used as an excuse to delay general elections.

The court also instructed the publication of the case notice in two national English newspapers, allowing any political party to become a respondent. Additionally, the Election Commission of Pakistan will receive a copy of the order.

In earlier proceedings, the chief justice inquired about Qaisrani’s disqualification, to which the petitioner’s lawyer explained that the disqualification in 2007, based on a fake degree, persisted despite later submitting a matriculation degree in 2018. The case’s further hearing has been adjourned.