Pakistan: Big boost for Nawaz Sharif as Supreme Court strikes down lifetime disqualification

On Monday, the Pakistani Supreme Court overturned the lifetime disqualification of legislators and recalled its previous ruling prohibiting them from ever seeking public office again.

For a number of well-known figures hoping to run in the general elections on February 8, the decision represents a huge boost.

According to Dawn, the most recent ruling permits Nawaz Sharif, the leader of the Pakistan Muslim League-Nawaz (PML-N), and Jahangir Tareen, the leader of the Istehkam-e-Pakistan Party (IPP), to run for office despite their lifelong disqualification.

The Supreme Court overturned its historic ruling in the Samiullah Baloch case and ruled that no one can be permanently prohibited from participating in elections if they are disqualified under Article 62 (1)(f).

On Monday, the Pakistani Supreme Court overturned the lifetime disqualification of legislators and recalled its previous ruling prohibiting them from ever seeking public office again.

For a number of well-known figures hoping to run in the general elections on February 8, the decision represents a huge boost.

According to Dawn, the most recent ruling permits Nawaz Sharif, the leader of the Pakistan Muslim League-Nawaz (PML-N), and Jahangir Tareen, the leader of the Istehkam-e-Pakistan Party (IPP), to run for office despite their lifelong disqualification.

The Supreme Court overturned its historic ruling in the Samiullah Baloch case and ruled that no one can be permanently prohibited from participating in elections if they are disqualified under Article 62 (1)(f).

The chief justice of Pakistan stated that it was “necessary” to disclose the order as soon as possible after the election date was announced, along with the reserved ruling.

The SC stated in the written ruling that because Article 62(1)(f) of the Constitution does not establish a time frame for disqualification, it is “not a self-executive provision.”

“There is no law that provides for the procedure, process, and the identification of the court of law for making the declaration mentioned in Article 62(1)(f) of the Constitution and the duration of such a declaration, for the purpose of disqualification thereunder, to meet the requirements of the Fundamental Right to a fair trial and due process guaranteed by Article 10A of the Constitution, the apex court stated.

“Until a law is enacted to make its provisions executory, Article 62(1)(f) of the Constitution stands on a similar footing as Article 62(1)(d), (e), and (g), and serves as a guideline for the voters in exercising their right to vote,” the order read.

(With agency inputs)