After judgement on party leadership: SC verdict on disqualification period being awai

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After judgement on party leadership: SC verdict on disqualification period being awai

ISLAMABAD: The Supreme Court judgment, reserved 17 days ago, on determination of period of disqualification under Article 62(1)(f) is being keenly awaited.
The reason is that at least 17 disqualified legislators are eager to know the interpretation of this provision whether they are ineligible to contest election for life, one-time or two, three or five years. There is also another possibility that the court may not fix the period of disqualification, leaving it to Parliament to determine it.
An apparent purpose of taking up a slew of petitions on Article 62(1(f) by the top court was to authoritatively decide the matter before the upcoming general elections to be held in July so that the parties concerned know whether they can stand in the polls or not.
Most important among them is Nawaz Sharif, who, otherwise, was not a party to these judicial proceedings, and who was disqualified by the apex court as the prime minister and a member of the National Assembly on July 28 last. Another key political figure to benefit or lose due to this judgement is senior Pakistan Tehreek-e-Insaf (PTI) leader Jehangir Tareen.
While Tareen joined the proceedings After his ineligibility, Nawaz Sharif, despite a general notice to all those interested issued by the court, consciously stayed away saying that he did not want to prejudice the case of other appellants.
In the past, the Supreme Court has given various ruling on the period of disqualification of such legislators. One of them said the ineligibility was for life. Most of the affected parties have already passed several years while being thus disqualified. That is why they argued that the ineligibility duration may be for five years.
While wait for this judgment, which related to a number of ex-lawmakers and will also apply in future, is on, the top court has released its detailed reasoning on the ouster of Nawaz Sharif as the Pakistan Muslim League-Nawaz (PML-N) president, 11 days After handing its short order. This is Nawaz Sharif-specific verdict.
A five-member bench, headed by Chief Justice Mian Saqib Nisar, had reserved its ruling on Article 62(1)(f) on Feb 14. Another three-member panel chaired by the chief justice delivered its short order on Feb 21, eleven days back, on the question of Nawaz Sharif?s presidency.
In view of Justice Saqib Nisar?s public assertions that the courts should release their judgements within a maximum period of one month, it s widely expected that the decision reserved on Article 61(1(f) may be handed by March 14 when one month will be completed.
The apex court, headed by the incumbent chief justice, has mostly not followed the practice of coming out with short orders. It has been handing its complete judgements. However, in last April, a five-judge cluster had handed its short order in the Panama case against Nawaz Sharif, his family members, and Senator Ishaq Dar, and delivered its detailed decision After some time.
Meanwhile, the judgement on Nawaz Sharif?s party presidency, authored by the chief justice, used a very strong word, ?puppet master?, vis-à-vis a disqualified party head.
Its paragraph 53 is relevant here. It says to hold that a person who is disqualified to be king can, nevertheless, be given a freehand to operate as a kingmaker, who may despite lacking qualification and without going through the electoral process, act as a puppet master pull the strings and exercise political power vicariously would amount to making a complete mockery of the constitution, the legislative process, the law, the government and values that we hold so dear and have consciously worked for, defended and incorporated in the constitution.
The ruling also said that it is a cardinal principle of law and justice that what cannot be done directly cannot be done indirectly. Reference may be made to Muhammad Nawaz Sharif v. President of Pakistan (PLD 1993 SC 473) at page 687. The case law thus quoted pertain to the restoration of Nawaz Sharif as prime minister and his government by the full court, then headed by Chief Justice Dr Nasim Hassan Shah.
At another point, the decision said that ?person specific legislation? is frowned at by the courts that operate in an environment of constitutionalism and rule of law.?We get the distinct impression that a conscious effort has been made to protect, shield, cushion and favour a limited set of individuals to save them from the consequences of disqualification arising out of articles 62 and 63 of the constitution. If sections 203 and 232 of the [Elections] Act, 2017 were to be read independent of the constitutional provisions. . ., it would open the door for political parties being run and controlled remotely and the legislature being dictated and controlled vicariously by persons who have clearly and unambiguously been barred and prohibited by the Constitution from being a part of the parliamentary, legislative and political process. . .?



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