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“Supreme Court Revives Lifetime Disqualification Case – Hearings Resume Amidst Legal Anticipation”

For his part, Raza said any declaration in the election tribunal or by the SC in the appellate jurisdiction was covered in Article 62(1)(f).

“Let’s clarify, the election tribunal will exercise powers only under the law […] therefore when the SC is exercising such powers it cannot have more powers than the election tribunal or the Election Commission of Pakistan,” Justice Isa said.

“Unless you can show that the ECP and the election tribunal can also disqualify for life, then that power will also be with the SC, otherwise it will be an additional power given to the Supreme Court under Article 62(1)(f),” he added.

For his part, Raza said the SC can give a declaration, pertaining to lifetime disqualification, only if “it had arisen out of the tribunal” but not on its own.

Meanwhile, the CJP said Article 68 of the Constitution talks about disqualification, but only for five years. “Where is that provision which says [a lawmaker] is disqualified for life? Where is the power in this court to do this? That is the essential question,” he stressed.

At one point, Justice Shah asked: “Does it not appear odd to you that for other crimes as big as treason, you could always come back and contest elections but for a civil wrong […] the punishment in a way is for life. But if I were to commit a murder, rape or kidnapping […] I could come back and contest elections.”

Raza replied that these arguments were present in Islamic principles. However, the CJP took exception to the contention.

“There were those who were violently opposed to Islam and then they became caliphs […] just don’t throw in Islam like that […] there is a principle of repentance and returning to the right path,” Justice Isa remarked.

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