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Pakistan Supreme Court Overturns Lifetime Disqualification of Lawmakers

Pakistan's Supreme Court Reshapes Political Landscape with Landmark Ruling on Lawmakers' Disqualification

by Haktaurus
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The Supreme Court of Pakistan overturned the lifetime disqualification of lawmakers, revoking its previous order that barred politicians from seeking office indefinitely. The decision emerged during the hearing of a case brought forward by former PML-N provincial member, Sardar Meer Badshah Khan Qaisrani.

The top court identified inconsistencies between the Election Act of 2017 and a prior Supreme Court ruling regarding the duration of disqualification, leading to a reevaluation of the contentious issue. The Supreme Court declared that individuals disqualified under Article 62(1)(f) cannot be barred for a lifetime from participating in elections, thereby setting aside its landmark judgment in the Samiullah Baloch case.

Sardar Meer Badshah Khan Qaisrani’s petition, filed in 2007 challenging his lifetime disqualification over allegations related to a fake degree, played a pivotal role in reshaping the legal landscape. Chief Justice of Pakistan, Qazi Faez Isa, announced the court’s intention to conclude proceedings on the lifetime disqualification case by January 4 (Thursday).

This decision carries significant implications, determining whether the amendment to the Election Act 2017 aligns with Article 62(1)(f) and establishing the duration of lawmakers’ disqualification from contesting polls. The seven-member larger bench, led by Chief Justice Qazi Faez Isa and including Justices Mansoor Ali Shah, Yahya Afridi, Aminuddin Khan, Jamal Mandokhail, Muhammad Ali Mazhar, and Musarrat Hilali, meticulously deliberated on the matter during the proceedings.

The Supreme Court’s acknowledgment of the contradiction in the Election Act of 2017 and the earlier Supreme Court verdict showcases a careful consideration of constitutional nuances. This decision marks a pivotal development in the ongoing debate over the length of disqualification for politicians, ushering in a new era of legal clarity and constitutional alignment in Pakistan.

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