Parliament's legislation will be followed or Supreme Court's decision, the camel has to sit in a crotch: Chief Justice
ISLAMABAD: Chief Justice of Pakistan Qazi Faiz Isa remarked during the hearing of a case that whether Parliament's legislation will work or the Supreme Court's decision, the camel has to sit on a crotch while the Supreme Court's decision on lifelong disqualification and the Election Act together. Can't walk.
In the Supreme Court, a bench consisting of Chief Justice of Pakistan Qazi Faiz Isa and Justice Athar Minullah heard the case of disqualification of Mirbadshah Qaisrani, in which the court sent the matter of determining the period of disqualification for life to the Judges Committee.
The court said that the present case shall not be used as a tool to delay the elections, the notice of the present case should be published in the English language newspapers.
The court took notice of the inconsistency in the decision of the Supreme Court on the issue of lifetime disqualification and the amendment of the Election Act which was taken in the case of lifetime disqualification of Mir Badshah Qaisrani.
During the hearing, the Panama case related to lifelong disqualification and the amendments in the Election Act were discussed, during which Justice Athar Manullah said that the current case is related to the 2018 elections, now the new elections are on the horizon, so how is this a live issue?
The Chief Justice asked why Mir Badshah Qaisrani was disqualified. On this, the lawyer petitioner said that Mirbadshah Qaisrani was disqualified in 2007 on the basis of fake degree but the High Court allowed him to contest the 2018 elections, Mirbadshah Qaisrani was disqualified under Article 62 1F.
The Chief Justice asked that if someone's sentence ends, how can lifelong disqualification be maintained? On this, the petitioner's lawyer said that the person submitting the nomination papers on false affidavit should be disqualified, the Supreme Court had given a decision in the Panama case on the interpretation of Article 62 1F.
The Chief Justice of Pakistan said that the Supreme Court has two views on lifelong disqualification. In NAB cases, if there is a severe penalty of disqualification for life, how much disqualification will there be in case of murder? On this, the petitioner's lawyer said that even in the crime of murder, the politician will be disqualified for 5 years.
Justice Qazi Faiz Isa asked that any new law related to lifelong disqualification and Article 62 One F has also come? The petitioner's lawyer said that the maximum period of disqualification has been increased to 5 years by recently amending the Election Act.
Justice Athar Manullah said that by adding Section 232 to the Election Act, the decision of the Supreme Court on Article 62 One F has become ineffective.
The Chief Justice said that no one has challenged the amendments in the Election Act, when the amendments in the Election Act are not challenged, the other party will rely on it. By adding Article 232 in the Election Act, the concept of lifelong disqualification has been eliminated.
Justice Qazi Faiz Isa said that the elections are on, the Returning Officer, the Election Tribunal and the courts will be in a dilemma whether to rely on the Election Act or the decision of the Supreme Court.
The Chief Justice said that the Constitution is silent on the period of disqualification under Article 62-1F, Article 63-1G disqualifies the person who destroys Pakistan for 5 years, Article 63-1H disqualifies for 3 years for moral crimes. It is in Article 63.
Justice Qazi Faiz Isa said, the person who ruined Pakistan should not run for office again, but they would also be disqualified for five years., the language of the constitution has to be looked at, everything is not clearly stated in the constitution, which is not clear in the constitution. As the Supreme Court can interpret, not explain, there was no question of period of disqualification before the 5-judge bench of the Supreme Court, both the judgment of the Supreme Court and the legislation of the Parliament cannot be ignored. Parliament's legislation will continue or the decision of the Supreme Court, the camel has to sit in a crotch. On the one hand, the Supreme Court is sufficient, on the other hand, the law will depend on Araux? Elections have come, but no one knows whether he will contest the election or not. Supreme Court's decision on lifetime disqualification and the Election Act cannot go together. One of the amendments in the Election Act and the decision of the Supreme Court should be upheld.
The Chief Justice questioned that the disqualification for a crime like high treason is 5 years, so why the lifelong disqualification of those who do not pray or tell a lie?
Later, the court adjourned the hearing till January 24 by issuing a notice to the Attorney General and all the provincial advocate generals
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