Supreme Court ends lifetime disqualification in a 6-1 majority verdict

Supreme Court ended lifetime disqualification in a 6-1 majority verdict announced on Monday.

Key findings of today’s SC verdict:

• 6 to 1 majority deems Article 62(1)(f) non-self-executing without specific disqualification procedures
• Lifetime disqualification interpretation exceeds the article’s scope, violates fundamental rights
• Acknowledges Elections (Amendment) Act 2023, setting a 5-year disqualification period
• Nawaz, Tareen cleared to stand in elections

A seven-member larger bench overruled SC’s own 2018 judgment in the Samiullah Baloch case when it had ruled that disqualification handed down under Article 62(1)(f) was supposed to be “permanent”.

The apex court declared that no person can be barred for a lifetime from running in elections if they are disqualified under Article 62 (1)(f).

A seven-member larger bench headed by CJP Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, and Justice Musarrat Hilali had reserved the verdict on the contentious issue of lawmakers’ lifetime disqualification on Friday.

The bench announced the reserved verdict on Monday with a 6-1 majority as Justice Yahya Afridi disagreed with his fellow judges.

While announcing the reserved verdict, the chief justice noted that since the election schedule was issued, it was “necessary” to release the order at the earliest.

The Verdict

In a short order issued today, the apex court said: “Article 62(1)(f) is not a self-executory provision as it does not by itself specify the court of law that is to make the declaration mentioned therein nor does it provide for any procedure for making, and any period for disqualification incurred by such declaration.”

“There is no law that provides for the procedure, process and the identification of the court of law for making the declaration mentioned in Article 62(1)(f) of the Constitution and the duration of such a declaration, for disqualification thereunder, to meet the requirements of the fundamental right to a fair trial and due process guaranteed by Article 10A of the Constitution,” it stated.

The court said the “interpretation of Article 62(1)(f) of the Constitution in imposing a lifetime disqualification upon a person through an implied declaration of a court of civil jurisdiction while adjudicating upon some civil rights and obligations of the parties is beyond the scope of the said Article and amounts to reading into the Constitution”.

“Such reading into the Constitution is also against the principle of harmonious interpretation of the provisions of the Constitution as it abridges the Fundamental Right of citizens to contest elections and vote for a candidate of their choice enshrined in Article 17 of the Constitution, in the absence of reasonable restrictions imposed by law,” it added.

The court further ruled that until a law was enacted to make its provision executory, Article 62(1)(f) stood on a similar footing as Article 62(1)(d)(e)(g) — which talks about the qualification of a lawmaker — and served as a guideline for voters in exercising their right to vote.

“The view taken in Sami Ullah Baloch v Abdul Karim Nausherwani (PLD 2018 SC 405) treating the declaration made by a court of civil jurisdiction regarding breach of certain civil rights and obligations as a declaration mentioned in Article 62(1)(f) of the Constitution and making such declaration to have a lifelong disqualifying effect amounts to reading into the Constitution and is therefore overruled,” the SC added.

It further noted that the recent amendments to the Elections Act prescribed five years for the disqualification incurred by any judgment, order or decree of any court in terms of Article 62(1)(f) of the Constitution and had also made such declaration subject to the due process of law.

“This provision is already in the field, and there remains no need to examine its validity and scope in the present case,” the SC ruled.

Today’s judgement,  finally allows Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif and Istehkam-e-Pakistan Party (IPP) chief Jahangir Tareen to run for office as they were disqualified for life.