Lifelong disqualification case; We are ignoring fundamental constitutional rights and history, Chief Justice

Islamabad: Chief Justice of Pakistan Justice Qazi Faiz Isa has remarked during the hearing of the life disqualification case that we are ignoring fundamental constitutional rights and history.

A 7-member larger bench headed by Chief Justice Qazi Faiz Isa, comprising Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandukhel, Justice Mohammad is hearing the case related to determining the period of lifetime disqualification of politicians. Ali Mazhar and Justice Musrat Hilali are included. The court proceedings are being shown live on the Supreme Court website.

At the beginning of the hearing, Jahangir Tareen’s lawyer Makhdoom Ali Khan started arguments. The Chief Justice remarked that the individual disqualification cases will be heard next week. Currently looking at the legal and constitutional issue.

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Lawyer Makhdoom Ali Khan said that the main case before the Supreme Court is the Samiullah Baloch case of the same court. The Supreme Court Bar Association has also raised the question in the Samiullah Baloch case.

Justice Mansoor Ali Shah inquired that according to you the declaration of disqualification will come from the civil court?, to which the lawyer said that yes, the declaration will come from the civil court. A civil court decision does not take away any fundamental constitutional right for life. I have not found any such example from the common law. One becomes eligible when the utility bill is outstanding, paid.

Justice Muhammad Ali Mazhar inquired whether Article 62 and 63 will be applied after the elections or before? The Chief Justice said that we should not limit ourselves to the provisions of the Constitution. The entire constitution has to be looked at. We are ignoring fundamental constitutional rights, constitutional history. Transparent trial, basic education is also a part of the constitution. Ayub Khan’s assault started. He should not ignore what happened. I cannot ignore the history of Pakistan.

The Chief Justice remarked that destroying the country is punishable by 5 years. A minor mistake in nomination papers carries a life sentence. We are still stuck on the language of the constitutional provision.

Jahangir Tareen’s lawyer Makhdoom Ali Khan said that in 1985 Article 62 1F was made a part of the Constitution. Article 62 and 63 are now merged. Article 62 cannot be seen without Article 63.

Justice Jamal Mandukhel inquired whether the civil court can give a declaration of disqualification?, to which the lawyer said that the civil court cannot give such a declaration. What is the civil court that tells someone if the dues are left, this is not honest and trustworthy.

Justice Mansoor Ali Shah asked whether the period of disqualification on declaration can be fixed by legislation, to which the lawyer said that there is a court of law in the constitution which includes both civil and criminal courts. Yesterday, Justice Musrat Hilali asked what was the reason for keeping Article 62 and 63 separately. Eligibility and ineligibility are kept separate.

The Chief Justice said that we can do whatever we want. Do you believe that the best parliamentarians in the world are from Pakistan? It’s not like I’m not disrespecting anyone. Is there such a qualification for members of assembly anywhere in the world? The lawyer said that there is no such qualification standard anywhere in the world.

Justice Mansoor Ali Shah said that I am looking at the Constitution after the 18th Amendment. The words can be disputed but I do not have the power to ignore every word of the constitution. Every word of the constitution is important.

The Chief Justice remarked that the Supreme Court interpreted through the judgment. The constitution has not written what the criteria of disqualification will be. This will be the period determined by the court decision. If a person commits murder, gives death to the next of kin, he can submit nomination papers.

The lawyer said that the election tribunal can also declare the entire election null and void. Penalty for corrupt practice in election is 2 years. Justice Jamal Mandukhel remarked that if someone commits fraud, his opponent files an FIR. Is the punishment for life?

The Chief Justice said that when the constitution itself has determined the disqualification, then it is right. In the NAB law, the punishment was 10 years. Constitution is not for lawyers but for the people of Pakistan. Simplify the constitution. Don’t make the constitution so difficult that you lose people’s confidence. Talk simply instead of philosophical talk.

Justice Jamal Mandukhel said that let the people decide who is true and who is honest. Justice Musrat Hilali said that because of a specific case, why should the people of the constituency be deprived of their representative.

Justice Mansoor Ali Shah said that the issue of fixing the period of 5 years came to the court, can we read down 232 three. Justice Jamal Mandukhel said that this is a very doubtful theory. Justice Mansoor Ali Shah said that can the court say that the parliament should fix 232 three in such a way that if the degree is obtained from the civil court, the punishment will be 5 years.

Lawyer Makhdoom Ali Khan said that the Supreme Court is hearing appeals under Section 185. 232 Three may be abolished by the next Parliament. The court has to decide whether the Samiullah Baloch case was correct or not. If the Samiullah Baloch case is declared null and void, then the law will apply.

Justice Muhammad Ali Mazhar said that how we should declare Section 232 two null and void is not before us, to which the lawyer said that the rule of lifelong disqualification was decided by the court decision. Justice Yahya Afridi remarked that I don’t think the judgment mentions life, to which the lawyer said that the judgment said disqualification would remain as long as the declaration remained.

Justice Aminuddin Khan inquired that if the court interprets the declaration itself, will the problem be solved?, to which the lawyer said that how can the court review the declaration which has become part of the past? Cases which have become final after litigation cannot be reopened.

Justice Mansoor Ali Shah asked that if the declaration has been finalized, what will be its effects on the election?

Justice Jamal Khan Mandukhel said that what do you think about the Faisal Vawda case? Justice Mansoor Ali Shah said that there was no declaration. The Chief Justice remarked that when the Parliament fixed the period of disqualification, this question became an academic question as to what the period of disqualification would be. Justice Mansoor Ali Shah said that if Samiullah Baloch annuls the verdict, how much will the punishment be? The Chief Justice said that Parliament has said that the disqualification will be for 5 years. Was notice given to the Attorney General in the Samiullah Baloch case? Order the record.

Justice Mansoor Ali Shah said that according to 232 two judicial assistants, the decision of Samiullah Baloch was nullified, on which the lawyer said that the Supreme Court should only look at the decision of Samiullah Baloch. Section 232 does not challenge three.

Lawyer Makhdoom Ali Khan said that if a law is invalid in America, Congress makes a new law. The US Congress convinces its court to reconsider its decision. The Chief Justice inquired that you want the court to withdraw the decision of lifelong disqualification?, to which the lawyer said that the period cannot be reduced until the decision of lifelong disqualification is returned.

Justice Muhammad Ali Mazhar said that the period of declaration has been made 5 years by legislation, on which the lawyer said that the period of disqualification should be for a reasonable time, not for life. If someone challenges the law then the court will see it.

The Chief Justice said that the whole of Pakistan is happy with the 5-year disqualification period law. No one challenged the law.

Lawyer Makhdoom Ali Khan said that Samiullah Baloch should cancel the decision because he was deprived of fundamental rights. Justice Muhammad Ali Mazhar said that can we say that the period of declaration is 5 years?, to which the lawyer said that when the law is challenged, the court can see it. Justice Mansoor Ali Shah said whether a constitutional provision can be regulated by common law? The Chief Justice remarked that the practice and procedure case has laid down principles that can be regulated by law.

Lawyer Makhdoom Ali Khan said in his arguments that PTI chief was not disqualified. If you look at the cases of Shakeel Awan, Khawaja Asif, Sheikh Rasheed, the judge who wrote the judgment of unfitness kept changing his position gradually. Justice Jamal Mandukhel said that is there any such example after Samiullah Baloch who has been disqualified for life?

The Chief Justice remarked that whether the declaration was abolished? On which the lawyer said that there is no such example. Justice Jamal Mandukhel inquired whether anything was said for Sanaullah Baloch in the Samiullah Baloch case, to which the lawyer said that Nawaz Sharif was disqualified. The Chief Justice remarked that no one should be named. The lawyer said that the disqualification was done by resorting to taking salary.

The Chief Justice said that they should not talk about what is in front of us. A lawyer does not fight a case for which he has not received a fee. Jahangir Tareen’s lawyer Makhdoom Ali Khan completed his arguments.

The petitioner’s lawyer said that everyone will be righteous and honest till the court decision. One or two mistakes cannot make someone dishonest. Even if there is a mistake, a period of 5 years has been fixed. No such declaration has come till date that is not honest and trustworthy. Criminals cannot be called honest and trustworthy. Declaration of disqualification can be given only after recording evidence. Supreme Court and High Court cannot disqualify anyone.

Later, the court adjourned Friday prayers for the remaining hearing of the case. The Chief Justice said that he will listen to the Attorney General after Friday prayers.