SCBA president files petition against lifetime disqualification in SC

President Supreme Court Bar Association (SCBA) Mohammad Ahsan Bhoon on Thursday filed a petition against the lifelong disqualification of lawmakers and said that such a law without the right to appeal is unjust.

The petition asks the Supreme Court (SC) to rule that the declaration by a court of law under Article 62(1)(f) only applies to the election under question, and does not entail a perpetual or lifetime bar on contesting future elections, reports Dawn.

The petition argues that the lack of clarity regarding the procedure for a declaration under Article 62(1)(f) continues to pose an obstacle to the constitutional protection of citizens under Article 17(2), which allows citizens to form or become a member of any political party.

It is pertinent to mention here that the result of this petition can affect the outcome of SC verdicts disqualifying former prime minister and Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif, as well as Pakistan Tehreek-e-Insaf’s (PTI) disgruntled leader Jahangir Tareen.

The two were disqualified as lawmakers in judgements rendered in the Panama Papers case on July 28, 2017, and the Hanif Abbasi case on Dec 15, 2017, respectively.

The contents of the petition said that the principle of lifetime disqualification should only be applied to electoral disputes. Under Article 184/3 of the Constitution, the SC cannot act as a trial court and there is no right to appeal against the decisions made by the apex court, which contradicts the principles of justice.

The petition said that the lifelong disqualification without the right to appeal is unjust to the voters.