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SC to take up lifetime disqualification case tomorrow

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  • Seven-member bench to hear case tomorrow. 
  • Top court took notice during Qaisrani’s case hearing. 
  • Case may determine Nawaz’s participation in polls. 

ISLAMABAD: The Supreme Court will take up the issue of lifetime disqualification of lawmakers tomorrow (Tuesday) which may determine whether Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif will be able to contest the upcoming general elections slated for February 8. 

A seven-member larger bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, also comprises Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali will hear the matter.

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 takes the decision about 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 Istihkam-e-Pakistan Party (IPP) chief Jahangir Khan Tareen are the only two lawmakers who were disqualified for lifetime. 

The Supreme Court disqualified both senior politicians for life in June and December 2017, respectively, after they were found to be “dishonest” under Article 62(1)(f) of the Constitution. 

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PTI presents seven nominations to Imran Khan for the judicial commission.

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Pakistan Tehreek-e-Insaf (PTI) has proposed seven individuals to its founder, Imran Khan, for consideration as founding members of PTI for membership in the next Judicial Commission.

None of the nominated individuals are attorneys; rather, the roster includes four Members of the National Assembly (MNAs) and three senators.

The proposed MNAs are Umar Ayub, Asad Qaiser, Ali Mohammad Khan, and Aamir Dogar, while the senators are Shibli Faraz, Mohsen Aziz, and Aun Abbas Bapi. Sources suggest that the Judicial Commission will include one opposition member from both the National Assembly and the Senate.

The PTI founder will evaluate and endorse two names from the suggested list, which will then be sent to the Speaker for future actions.

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Miller confirmed that Biden’s administration got a letter from a congressman requesting the release of the PTI founder.

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Following his removal as prime minister in 2022, Khan started a protest movement against a coalition of his enemies led by current Prime Minister Shehbaz Sharif. Since then, he has been in jail since August 2023 and has been involved in hundreds of cases.

In response to ARY News’ question over the congressmen’s letter during a media briefing in Washington on Monday, State Department spokesperson Matthew Miller stated, “We will respond in due course to the members.”

The United States wants to see Pakistan maintain its democracy, Miller stated.

The release of the PTI founder’s wife and sisters was a result of a meeting between the US Deputy Assistant Secretary and a Pakistani government representative in Islamabad, which was further questioned during the press briefing.

“I won’t be addressing that,” Miller said when asked if the United States was involved in their release. Miller did, however, affirm that the conference included the defense of Pakistan’s basic liberties and rights.

Sixty-two members of the US Congress urged President Joe Biden on October 24 to support the release of Imran Khan, the former prime minister of Pakistan, and other political prisoners.

The congressmen, who included well-known Muslim members Rashida Tlaib and Ilhan Omar, said in their letter that the Biden administration should ask Pakistani authorities to guarantee the safety of PTI founder Imran Khan.

They also underlined that US policy should concentrate on Pakistan’s human rights situation and asked that US ambassadors attend the PTI leader’s incarceration.

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A bill pertaining to the number of Supreme Court justices will soon be presented.

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Prime Minister Shehbaz Sharif and Bilawal Bhutto-Zardari, the chairman of the Pakistan People’s Party (PPP), recently met, and the inside story of their conversation has revealed important political developments.

The leaders talked about a variety of constitutional and governance matters, including the proposed 27th Constitutional Amendment, according to sources.

One of the primary outcomes of the conference was the decision to expeditiously introduce a bill in parliament that would increase the number of judges on the Supreme Court. Immediately after it is introduced in parliament, this law is expected to be approved in a matter of days.

In addition, the recently ratified 26th Constitutional Amendment was discussed, with particular attention paid to creating a system for the establishment of constitutional benches at the federal and provincial levels. The formation of constitutional benches would be the subject of formal meetings, they agreed.

Furthermore, the leaders examined the pending measure concerning the Muttahida Qaumi Movement’s (MQM) municipal authority, which has been sent to the appropriate committee for additional assessment.

They also discussed the implementation of an agreement on Punjabi issues between the PPP and the Pakistan Muslim League-Nawaz (PML-N). According to sources, the conference also discussed the status of an agreement over fund release and administrative jobs in Punjab.

Bilawal Bhutto was reassured by Prime Minister Shehbaz Sharif that the federal government would continue to support continued development initiatives in Sindh.

PM Sharif and Bilawal met on Sunday at the premier’s Model Town home in Lahore, where they talked about the newly ratified 26th Constitutional Amendment and pledged to support Pakistan’s parliamentary system and democracy.

As a historic step, Bilawal Bhutto celebrated the 26th Constitutional Amendment’s adoption during the meeting. He said: “We will work together to strengthen democracy and parliament.”

In agreement, Shehbaz credited the amendment’s accomplishment to the combined efforts of all coalition members. He promised that his commitment to the people would not falter and reiterated his commitment to public service.

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