Disqualification period case decided under Article 62 OneF, Supreme Court struck down disqualification for life, Supreme Court decided by six to one ratio.
The court has stated that under Article 62(1)(f), the decision on disqualification is reconsidered, and politicians will not face disqualification. Chief Justice Justice Faez Isa led a seven-member bench to hear the case.
The Supreme Court of Pakistan, after the completion of arguments from all parties in the case related to the interpretation of Article 62(1)(f), had reserved the decision on January 5th.
During the hearing on January 5th, Chief Justice Pakistan Justice Faez Isa remarked that the Constitution should not be made so complicated that it erodes public trust. He announced that individual cases related to elections will not be heard, but cases related to constitutional interpretation will be heard. Individual cases related to elections will be heard in another bench next week.
Chief Justice Pakistan Justice Faez Isa questioned the history of Pakistan, asking when amendments like disqualification under 62(1)(f) were introduced. Such amendments started during the era of Ayub Khan and continued, and the history of Pakistan cannot be forgotten. He emphasized that issuing public notices in disqualification cases does not form a political party, and the people of Pakistan are not oblivious. Nothing happens by disqualifying someone in nomination papers. Why are we limiting ourselves to just one part of the Constitution and its language? Why are we ignoring constitutional history, basic rights?
During the second hearing, Chief Justice further questioned, "What other rights will be taken away by introducing specific new clauses? If only one general has inserted clause 62(1)(f), will we all be bound? Let's not limit ourselves as constitutional experts; let us understand in a broad perspective. Is there such a test for politicians in any other country? Is there such a tough test before elections in any country in the world?"
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