Article 62(1)(f) case: SC reserves verdict on disqualification period

Supreme Court on Wednesday reserved its judgment on pleas seeking determination whether disqualification of lawmakers under Article 62(1)(f) is for life or time specific. The Article 62(1)(f) of the Constitution states, "A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless he is sagacious, righteous and non-profligate, and honest and Ameen."
Concluding arguments before a five-judge larger bench led by Chief Justice Mian Saqib Nisar, Attorney General for Pakistan Ashtar Ausaf Ali pleaded that no duration of disqualification is mentioned in the Constitution. However, he was of the view that it is the Parliament which can determine the time duration of disqualification of a lawmaker.
The AGP said that a declaration under Article 62(1)(f) does not carry a time limit, nor does it prescribe a mechanism for revisiting such a declaration, adding that the court would have to look into the matter on a case-to-case basis.
Talking to Business Recorder, counsel for an MPA of Balochistan, Advocate Kamran Murtaza said that he personally feels that the apex court should allow parliamentarians disqualified under Article 62(1)(f) of the Constitution to contest the elections and the voters of the constituency should decide about the future of the candidate.
APP adds: During the course of proceedings, Attorney General for Pakistan Ashtar Ausaf Ali said no duration of disqualification is given in the Constitution. It is Parliament which can determine the time duration, he added.
He said that a declaration under Article 62(1)(f) does not carry a time limit, nor does it prescribes the mechanism for revisiting such a declaration. Therefore, till such time the Parliament makes such provisions, the declaration shall continue," the AG added. He said that the court would have to look into the matter on a case to case basis.
Ijazul Ahsan remarked that if a crime has been committed, the provision applies for life. Chief Justice Mian Saqib Nisar asked if the time has not been determined for the disqualification, does it mean the subject has been disqualified for life? The Attorney General responded that the parliament will have to look into it. The verdict was reserved after Attorney General Ashtar Ausaf completed his arguments.