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Supreme Court strikes down lifetime disqualification?

The Supreme Court of Pakistan (SC) while pronouncing a reserved verdict in the case pertaining to the interpretation of Article 62 (1)(F) has abolished the lifetime disqualification of politicians, clearing way for Nawaz Sharif and Jahangir Tareen to contest upcoming general elections on February 8.

The ruling was made by a distinguished 7-member bench of the apex court, featuring Chief Justice Qazi Faiz Isa, Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Mandukhel, Justice Muhammad Ali Mazhar, and Justice Musrat Hilali.

The case centered around Article 62(1)(f) of the Constitution, which empowers the parliament to prescribe qualifications for contesting elections.

The Supreme Court rendered a crucial verdict, voting 6 to 1, which determined that politicians cannot be permanently disqualified under Article 62(1)(F). Emphasizing that contesting elections is a fundamental right of citizens, the Court asserted its constitutional authority, highlighting that Section 184(3) doesn't possess the power to impose lifelong disqualifications.

In a pivotal judgment, the Supreme Court ruled that political disqualifications won't span a lifetime. The judgment clarified that the Election Act stipulates a disqualification period of up to 5 years, indicating that the duration of disqualification doesn't necessitate legislative scrutiny but rather judicial interpretation of Article 62(1)(F) of the constitution. The court highlighted the necessity to interpret the constitution through declarations, lacking any specific legal processes for such declarations.

Justice Yahya Afridi expressed dissent, contending that disqualification under Article 62(1)(F) isn't inherently lifelong but extends until a judicial decision is made, echoing the correctness of the Samiullah Baloch decision.

This landmark decision led to the annulment of the ruling against Samiullah Baloch. Following this verdict, the disqualifications of PML-N leader Nawaz Sharif and Istehkam-e-Pakistan Party head Jahangir Tareen have been lifted.

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