LAHORE: The federal government on Thursday objected to the maintainability of a petition before the Lahore High Court, which challenged reduction of disqualification period of a parliamentarian under Article 62(1)(f) of the Constitution from life to five years.

Justice Shahid Bilal Hassan heard the petition by a citizen, who assailed an amendment in the Election Act 2017 that declared the maximum period for disqualification of a parliamentarian up to five years.

An additional attorney general appeared on behalf of the federal government and opposed the petition’s maintainability, arguing that the petitioner could not challenge the amendment introduced by the parliament.

He also stated that the Supreme Court in a latest judgement annulled the lifetime disqualification for the lawmakers.

The judge adjourned further hearing till March 19 as the petitioner’s counsel, Advocate Azhar Siddique, sought time to respond to the government’s objection.

The petitioner contended that under Article 62 (f) of the Constitution, the disqualification period was prescribed as five years, while the Supreme Court had already interpreted the provision.

He argued that the amendment was a violation of the Supreme Court’s 2018 decision.

The petitioner said the amendment was person specific as it was introduced to benefit former prime minister Nawaz Sharif and PTI’s former leader Jahangir Khan Tareen. He argued that no law could be made for the advantage of a few individuals.

He asked the court to set aside the impugned amendment in the Election Act 2017 for being unconstitutional and based on mala fide intention.

A three-judge bench of the SC headed by then chief justice Saqib Nisar and comprising Justice Sheikh Azmat Saeed and ex-CJP Umar Ata Bandial, Justice Ijazul Ahsan and Justice Sajjad Ali Shah (all retired now) had ruled in 2018 that disqualification under article 62(1)(f) was for life.

In January this year, Chief Justice Qazi Faez Isa-led Supreme Court overruled the 2018 judgement and quashed the lifetime disqualification for the lawmakers.

The latest judgement came with a 6-1 majority by a bench headed by CJP Isa and comprising Justice Syed Mansoor Ali Shah, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar and Justice Musarrat Hilali.

Justice Afridi had dissented from the majority of judges.

Published in Dawn, March 15th, 2024