Connect with us

Politics

Lifetime disqualification determined on perception, not Constitution: CJP Isa

Published

on

  • SC’s decision to decide fate of Nawaz, Tareen’s participation in polls.
  • 7-member bench, headed by CJP Isa, conducts hearing on case.
  • SC determined to settle issue of disqualification “once and for all”.

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa Thursday said lifetime disqualification under Article 62(1)(F) was determined according to one’s own perception and not the Constitution.

The top judge’s remark came during the hearing of the case pertaining to the lifetime disqualification of lawmakers under the aforementioned article which deals with the criteria to contest elections.

A seven-member bench — headed by CJP Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali — is hearing the case.

Attorney General for Pakistan (AGP) Mansoor Usman Awan also appeared before the court. Lawyers Reema Omar, Azir Bhandari and Faisal Siddiqui have been appointed as amici curiae.

During the hearing, the chief justice also warned against spreading confusion related to elections, as the polls are being held on February 8. “Filing cases in different courts will create obstacles in the way of elections,” he noted.

Lawyer Khurram Raza who was representing petitioners Fayaz Ahmed Ghori and Sajjadul Hasan faced immense grilling by the seven-member bench — headed by the chief justice — for his defence of lifetime disqualification of parliamentarians.

At one point, CJP Isa observed that the counsel he was siding with “dictators”.

The lawyer argued that the constitutional amendment is needed to end lifelong disqualification.

At this, Justice Jamal Khan Mandokhail asked the lawyer whether the Parliament cannot legislate. “Parliament legislates but the Supreme Court interprets it,” Raza responded.

The case

The fate of many politicians, including Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) founder Jahangir Tareen, depends on the verdict of this case.

Whether the aforementioned politicians can contest the upcoming polls or not will be determined by the outcome of the case.

The SC conducted the last hearing of this case on January 2, during which CJP Isa advised against assuming that a particular party was being favoured.

After hearing all parties in the case during the last hearing, the CJP said: “This is a constitutional issue, which we are going to settle once and for all, and we will try to conclude it quickly in order to prevent confusion for the returning officers (ROs) while receiving nomination papers for the upcoming elections,” he remarked after hearing the parties.

The apex court took notice of contradictions regarding the duration of disqualification in the Election Act, 2017 and a Supreme Court verdict during the hearing of a petition filed by former PML-N provincial lawmaker Sardar Meer Badshah Khan Qaisrani last month.

Qaisrani had challenged his lifetime disqualification over a fake degree in 2007.

During the hearing on December 11 last year, CJP Faez Isa observed that the Supreme Court’s judgment on lifetime disqualification and the amendments made to the Elections Act 2017 could not exist simultaneously.

He had said either the legislation enacted by the parliament to the Elections Act 2017 would prevail or the judgment, delivered by the Supreme Court.

“The issue has to be settled once and for all,” the CJP had remarked and referred the matter to a three-member committee, constituted under Section 2 of the Supreme Court (Practice and Procedure) Act, 2023 that decides fixation of cases before benches of the apex court.

The Supreme Court, in a judgment in 2018, had held that any person disqualified under Article 62(1)(f) of the Constitution would be considered disqualified for lifetime.

Later on, the former coalition government of Pakistan Democratic Movement (PDM) made an amendment to the Elections Act 2017, decreasing the legislators’ disqualification to five years, retrospectively.

Former three-time prime minister Nawaz and IPP chief Tareen are the only two lawmakers who were disqualified for life in June and December 2017, respectively, after they were found to be “dishonest” under Article 62(1)(f) of the Constitution. 

Latest News

Sheikh Rasheed says PTI and government negotiations won’t provide any results.

Published

on

By

Sheikh Rasheed voiced his worries about the nation’s ongoing political dilemma while speaking outside the Anti-Terrorism Court.

According to Sheikh Rasheed, a committee was established to negotiate, but the process has not produced any tangible results. In order to emphasize the seriousness of the situation, he said, “Political conditions are extremely bad.”

He made the joke, “Even after war, if negotiations fail, then it will all come down to judo karate,” in reference to the next steps.

“Everyone there prays for Pakistan’s betterment,” Sheikh Rasheed, who had returned from Saudi Arabia, said. He emphasized the necessity for the nation’s circumstances to improve and stabilize.

Assad Qaiser, a former speaker and PTI leader, had earlier called on Speaker Ayaz Sadiq of the National Assembly to discuss the official start of talks with the government.

The two leaders shared their opinions on bringing parties together on matters of national importance and reducing political tensions and conflict.

“I will persuade my people, you persuade the hardliners in your party,” Ayaz Sadiq said to Assad Qaiser.

The party’s founder is in jail, and the PTI leadership has asked to meet with him. “We will continue to confer with him,” Assad Qaiser declared.

Earlier, PTI leader Shaukat Yousafzai stated that if the discussions don’t begin, a campaign of civil disobedience will begin on December 14.

Speaking to the media Regarding the meetings, Yousafzai claimed that the government ministers were making insincere remarks.

Continue Reading

Latest News

Bushra Bibi maintains bail as the IHC concludes the FIA’s petition.

Published

on

By

The Islamabad High Court (IHC) conducted a hearing about the Federal Investigation Agency’s (FIA) plea for the revocation of Bushra Bibi’s bail.

The court, led by Justice Miangul Hassan Aurangzeb, rejected the FIA’s petition during the hearing.

Judicial Proceedings

Justice Miangul Hassan Aurangzeb sought information regarding Bushra Bibi’s location, to which her attorney, Barrister Salman Safdar, affirmed her attendance in court.

The judge urged the counsel to regard the matters with gravity, underscoring the necessity of adherence to trial protocols.

The court sought details about instances where Bushra Bibi had been exempted from attending trial hearings and clarified that if the High Court grants bail and the accused fails to appear, the trial court holds the authority to cancel the bail.

Justice Aurangzeb assured that such actions would not amount to contempt of the High Court’s order.

Based on these considerations, the court closed the proceedings and dismissed the FIA’s plea.

Continue Reading

Latest News

The Supreme Court has granted the appeal of the PTI founder for a judicial probe into the events of May 9.

Published

on

By

The Supreme Court has officially accepted the plea submitted by the PTI chairman for a judicial probe into the events of May 9 for a comprehensive hearing.

The constitutional bench of the Supreme Court annulled the registrar’s office’s objections to the petition and instructed the office to allocate a case number and arrange the hearing.

The PTI chairman was represented by prominent attorney Hamid Khan, who appeared in court to argue for the petition’s admission.

The Lahore Anti-Terrorism Court (ATC) already convicted Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan in connection with the incidents on May 9 and denied his bail on eight distinct counts.

The court’s finding was delivered in a six-page written order by ATC Judge Manzar Ali Gul.

The written ruling emphasized substantial evidence against the PTI founder, comprising audio and visual recordings of his directives to incite violence.

The court observed that witnesses had provided testimony on the conspiracy planned by Imran Khan at Zaman Park, where he purportedly strategized for his possible arrest by intending to disrupt state functions via his supporters.

Imran Khan’s legal counsel contended that he was in custody at the time of the incidents, proposing that bail be granted in accordance with precedents where bail was awarded in like circumstances following detention.

Nevertheless, the court rejected this argument, underscoring that the case’s nature was not a trifling issue of conspiracy or incitement.

The prosecution established that Mr. Khan had explicitly incited assaults on military and governmental facilities and had galvanized both his commanders and supporters to adhere to his directives.

The decision additionally cited the Lahore High Court’s finding regarding a prior release granted to Ijaz Chaudhry, highlighting Imran Khan’s involvement in the conspiracy. The court dismissed the defense’s challenge over the prosecution’s lack of specificity concerning the date, time, or location of the purported conspiracy, affirming that the scheme was allegedly devised on May 7 and May 9 at Zaman Park.

The prosecution asserts that undercover police officers, masquerading as PTI supporters, intercepted discussions outlining the scheme.

Continue Reading

Trending