Chief Justice of Pakistan (CJP) Qazi Faez Isa expressed that a lifetime disqualification from parliament is "against Islam" during the Supreme Court hearing on the case related to Article 62(1)(F) of the Constitution.
The case addresses contradictions in the Election Act, 2017, and the apex court's verdict on lifetime disqualification.
The CJP emphasized the need for clarity on whether the disqualification is for five years, per the 2017 amendment, or a lifetime ban.
A seven-member bench, led by CJP Isa, conducted the hearing, aiming to settle the constitutional issue quickly.
The Attorney General for Pakistan and appointed lawyers also appeared.
CJP Isa highlighted that the court seeks clarity on the duration of disqualification under Article 62(1)(F) and stated that the solution is present in Islam, emphasizing the high status of humans and the importance of repentance.
The top judge questioned the constitutional issue, stating that Article 62(1)(F) calls humans bad, but a lifetime ban closes the door to repentance.
He emphasized that the court shouldn't close the door to repentance when God doesn't. CJP Isa cautioned against creating confusion related to elections and urged a resolution before the upcoming polls on February 8.
Lawyer Khurram Raza, representing petitioners, faced scrutiny from the bench, with CJP Isa noting his alignment with "dictators".
The lawyer suggested a constitutional amendment to end lifelong disqualification. The court adjourned the hearing to continue tomorrow.
The case's outcome holds significance for various politicians, including Nawaz Sharif and Jahangir Tareen. Their eligibility to contest upcoming elections depends on the verdict.
The court aims to settle the issue, considering the 2017 amendment and the previous SC judgment on lifetime disqualification.
In December, CJP Isa highlighted the need to resolve the conflicting judgments.
The Supreme Court's 2018 ruling considered anyone disqualified under Article 62(1)(F) as disqualified for a lifetime.
The PDM coalition later amended the Elections Act 2017, reducing disqualification to five years retrospectively.
Nawaz Sharif and Jahangir Tareen faced lifetime disqualification in 2017, triggering the ongoing legal debate.
