ISLAMABAD: The Supreme Court is all set to take up on Tuesday (today) a number of appeals involving, among other constitutional questions, the interpretation of Article 62(1)(f) of the Constitution with a view to ascertaining the period of disqualification of a member of parliament.

Political and legal experts believe that the outcome of the case will have a great impact on the country’s future politics as it will decide the political future and fate of a number of politicians, including Pakistan Muslim League-N president and former prime minister Nawaz Sharif and ex-secretary general of the Pakistan Tehreek-i-Insaf (PTI) Jahangir Tareen.

The court’s verdict will also help end the controversy once and for all over the quantum of punishment by answering whether the disqualification of lawmakers should be for life or a specific time.

A five-judge SC bench consisting of Chief Justice Mian Saqib Nisar, Justice Sheikh Azmat Saeed, Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan and Justice Sajjad Ali Shah will take up a set of 17 appeals against disqualification for possessing fake degrees.

PML-N, PTI members say verdict will have impact on their leaders’ future politics

Interestingly, the apex court had issued notices to Nawaz Sharif and Jahangir Tareen to appear in person or through their counsel on Tuesday during the hearing of the appeals involving the interpretation of Article 62(1)(f) — the provision under which both had been disqualified.

Last time the case was taken up during the period when Justice Anwar Zaheer Jamali was chief justice in 2016. During one of the hearings, Justice Jamali had wondered how could anyone be disqualified forever on the basis of Articles 62 and 63, saying the people could reform themselves to be qualified under the same constitutional provisions after being disqualified at some point of time.

Leaders of the PML-N and PTI admit that the apex court’s verdict on the appeals will definitely have an impact on the future politics of their leaders, but express their surprise over the issuance of notices to the two leaders who had not been a party in any of the petitions being heard by the court.

The PML-N leaders are not even ready to discuss the issue of disqualification period for Mr Sharif as the party believes that he has been wrongly disqualified. However, they are of the view that there should be a certain period of disqualification for lawmakers depending upon the nature of charges against them.

Legal observers say the Supreme Court handed down different verdicts on the issue of disqualification of legislators, like in the case of Iftikhar Ahmed Cheema who was de-seated in 2015 from the NA-101 constituency for concealing assets. Subsequently, he contested the by-election and regained his seat.

But in the case of Rae Hassan Nawaz, the apex court disqualified him under Article 62(1)(f). Likewise, the court allowed Jamshaid Dasti to contest the election, but disqualified Rizwan Gill, Samina Khawar Hayat and Amir Yar, under the same constitutional provision.

PML-N information secretary Mushahidullah Khan said Mr Sharif had already arrived in Islamabad from Lahore as he was due to appear before a National Accountability Bureau (NAB) court with his daughter Mariyam Nawaz and son-in-law retired Capt Mohammad Safdar on Tuesday. He said he was not aware of the actual plan of Mr Sharif, but it was unlikely that he would go to the Supreme Court.

When asked about his personal viewpoint on the period of disqualification for lawmakers under Article 62(1)(f), the PML-N leader said there should not be a lifetime ban over charges such as hiding assets or living a life beyond known sources of income. A lifetime ban should be imposed on lawmakers found involved in corruption or committing a heinous crime, he added.

When contacted, Special Assistant to the PM on Law Barrister Zafarullah Khan said interpretation of the law should be same for all, adding that he personally believed that there should be no lifetime ban on the lawmakers and, like in the case of Iftikhar Cheema, they should be allowed to re-contest the polls.

PTI information secretary Shafqat Mehmood, when contacted, said he was not aware if Mr Tareen would appear before the apex court on Tuesday. He said Mr Tareen was currently busy in running the election campaign of his son in Lodhran.

Responding to a question, he said it was up to the court to determine the period of disqualification, but he personally believed that a person who had been declared not truthful and righteous by a court could not become sadiq and ameen again.

Published in Dawn, January 30th, 2018