The Supreme Court of Pakistan has taken a significant step by establishing a seven-member bench, presided over by Chief Justice Qazi Faez Isa. This bench, which includes Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin, Justice Jamal Mandokhail, Justice Mohammad Ali Mazhar, and Justice Musarrat Hilali, is convened to deliberate on a case involving the lifetime disqualification of politicians under Article 62(1)(f) of the constitution of Pakistan.
Scheduled for Tuesday at 11:30 am, the hearing is particularly crucial, given the involvement of prominent figures such as PMLN supremo Nawaz Sharif and Istehkam-e-Pakistan Party leader Jahangir Tareen. Both individuals faced disqualification from holding public office back in 2017, as per the Supreme Court’s decision under Article 62(1)(f). Interestingly, despite this disqualification, both leaders are actively participating in the upcoming general elections, having successfully had their nomination papers accepted.
However, the situation is clouded by a divergence of opinions among legal and constitutional experts regarding the eligibility of Sharif and Tareen to contest in the elections until the lifetime disqualification is lifted. While some experts argue that recent amendments to election laws make them eligible to run and assume public office, others contend that only a constitutional amendment can nullify both disqualifications. Importantly, there’s a viewpoint asserting that even the Supreme Court lacks the authority to do so without such a constitutional amendment.
This legal complexity adds layers to the unfolding narrative, making the upcoming hearing a focal point for understanding the intersection of constitutional provisions, legal interpretations, and the political aspirations of key figures. The decision rendered by the seven-member bench may have far-reaching implications not only for the immediate political landscape but also for the broader understanding of the judiciary’s role in addressing issues of disqualification and constitutional amendments.