The Supreme Court of Pakistan devoted several hours to hearing a case about lifetime disqualification of politicians under Article 62(1)(f) of the constitution of Pakistan on Tuesday.

While the hearing, which was live-streamed by the Supreme Court of Pakistan’s YouTube channel, took up nuanced questions about law, constitution and politics of the country, not everyone had the opportunity to spend hours and understand the issue at hand.

Aaj News simplifies it for its readers below.

Context

PMLN Supremo Nawaz Sharif and Istehkam Pakistan Party leader Jahangir Khan Tareen were disqualified for life in 2027 under Article 62(1)(f) for lifetime from holding public office. They are now running for election to be held on February 8, 2024.

In June 2023, the Pakistani Parliament passed an amendment to the Election Act 2017, reducing the disqualification period to five years.

PMLN believes the amendment allowed Nawaz Sharif, and other politicians, to run for office.

However, PTI claims the disqualification under 62(1)(f) still holds.

The Supreme Court’s larger bench led by Chief Justice of Pakistan Justice Qazi Faez Isa debated this question.

The apex court needs to settle the question before January 13 when the final lists of election candidates will be published.

Key points from hearing

The court heard the following arguments

1. Court judgments in favour of lifetime bar, especially Samiullah Baloch judgment and still ‘in the field’, and unless these judgments are reviewed, politicians slapped with disqualification under 62(1)(f) cannot run for office.

2. It is true that the amendment to the Election Act 2017, limits the disqualification to five years, but court judgments cannot be ignored.

3. The lifetime bar was not in the original constitution approved in 1973. Military dictator Ziaul Haq added Articles 62 and 63 to the constitution using a presidential order in 1985. Ziaul Haq violated the constitution by imposing martial law and then setting criteria for others.

4. CJP Isa said if Quaid-e-Azam Mohammad Ali Jinnah were alive, he would not meet the qualification criterion.

5. The CJP also said only Prophet Mohammad (PBUH) could be referred to as Sadiq and Ameen (truthful and honest) - two standards set in Article 62 for the qualification of a politician. No Muslim would call himself Sadiq and Ameen, he added.

6. The court will hear the case on Thursday, January 4.