SCBA set to challenge lifetime disqualification of MPs


The Supreme Court Bar Association (SCBA) is all set to move against lifetime disqualification of lawmakers under Article 62(1)(f) of the Constitution in the apex court, as a petition has already been prepared in this regard.
The SCBA is going to challenge the life-long disqualification of a candidate slapped by the court and has drafted a petition in this regard under Article 62 I-F, which the bar association will submit to the apex court soon, a private TV reported on Monday.
The apex court had also disqualified former prime minister Nawaz Sharif and Jahangir Tareen under the same article.
The lawyers’ body pleaded that the disqualification of the candidate should be restricted only to the election that is to be challenged in the court of law. The petition further stated that imposing a life-long ban on a candidate is a violation of his basic rights.
It prays that in the suo motu notices and other special prerogatives granted to the Supreme Court, a petitioner must be given the right of appeal.
It points out that the apex court has already declared in the local government elections case that the elected representatives could not be kept aloof from people. It is against the teachings of Islam to not pardon those who contemplate and seek forgiveness on their mistakes. The SCBA has made the federal government a party to the case.
It was earlier reported that SCBA President Ahsan Bhoon said that the lawyers’ body had prepared a petition which would be filed in the Supreme Court, who is the opponent of the lifetime ban on lawmakers.
The Article 62 – some provisions of which were introduced by military dictator late Gen Ziaul Haq – relates to the qualification of parliamentarians. The article stipulates that a person cannot be qualified as a member of the national or provincial legislatures if he is not ‘Sadiq’ and ‘Ameen’.
Earlier, the superior courts had shown restraint in disqualifying lawmakers for more than two decades. However, soon after his restoration in March 2009, former chief justice Iftikhar Muhammad Chaudhry enforced Article 62 and the Article 63, disqualifying lawmakers by exercising suo motu jurisdiction.
Dozens of lawmakers were disqualified under the articles by the superior courts for having fake degrees, dual nationalities and concealment of assets.