The Supreme Court of Pakistan made a pivotal ruling on Monday, declaring the lifetime disqualification of lawmakers under Article 62 (1)(f) of the Constitution as ‘null and void’.
The court, led by a seven-member bench including the Chief Justice of Pakistan (CJP), determined that parliamentarians would now face a disqualification period limited to five years. This verdict overturns the previous interpretation of the law, which had led to the disqualification of prominent figures like former Prime Minister Nawaz Sharif.
In a significant shift, the Supreme Court’s decision directly impacted the political futures of Nawaz Sharif and Jahangir Tareen, who had been previously disqualified under the same provision. The court’s order emphasized that Article 62(1)(f) does not inherently prescribe a lifetime ban and lacks a specified legal procedure for such disqualification. This interpretation aligns with the fundamental rights to a fair trial and due process guaranteed by the Constitution.
Divergence in Judicial Opinion
Justice Yahya Afridi presented a dissenting note despite the majority ruling, supporting the apex court’s 2018 judgment of lifetime disqualification. Justice Afridi maintained that the disqualification should be effective only for the period specified by a court of law. The case history traces back to 2018 when a five-judge Supreme Court bench unanimously declared disqualification under Article 62(1)(f) as permanent, a decision now overruled by the current judgment.
In conclusion, this landmark verdict by the Supreme Court of Pakistan redefines the legal landscape for parliamentary disqualifications, balancing constitutional mandates with the rights of lawmakers.
(f) is now reduced to five years, impacting figures like Nawaz Sharif. This decision marks a major shift in Pakistan's legal framework for parliamentary service.){kind=link}