We are disregarding the fact that why these amendments were brought into the Constitution. We are disregarding the fact that the original Constitution has a greater sanctity than amendments brought unless there are such amendments which enable to serve the people better,” Chief Justice Qazi Faez Isa while heading a seven-member larger bench said.
The bench also comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali resumed hearing a set of petitions to determine the disqualification period of lawmakers.
The CJP said, “We will try to come up with a shorter order as soon as possible. Probably not today but it will be very soon God willing.”
The inconsistency between court decisions and parliamentary legislation regarding the duration of disqualification under Article 62(1)(f) has prompted the apex court to intervene and determine whether the disqualification of a lawmaker should be for a lifetime or five years stipulated in the Elections Act.
The disqualification conundrum stems from the addition of Article 62(1)(f) to the Constitution by former military ruler Gen Ziaul Haq. However, the issue gained prominence when a larger bench of the Supreme Court disqualified former prime minister Nawaz Sharif for life in the Panama Papers case.
In June last year, parliament introduced an amendment to Section 232 of the Elections Act, setting the period of disqualification to five years under Article 62(1)(f). This legislative move adds a layer of complexity to the matter that the Supreme Court is now set to unravel.
During the hearing, Chief Justice Isa said, "The original Constitution has greater sanctity.” He lamented "encroachments" made into the country's bill of rights over the years.
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