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Lifetime disqualification determined on perception, not Constitution: CJP Isa

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  • 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. 

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Reaction to the PTI protest call by Fazlur Rehman

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Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

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The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.

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