Disqualification time-period: SC gives Nawaz, counsel seven days to prepare for case


ISLAMABAD: The Supreme Court (SC) has given one week to former prime minister Nawaz Sharif to present his arguments regarding the matter related to the determination of disqualification time period under Article 62(1) (f) of the Constitution.

Azam Nazeer Tarar, counsel for the Sharif family, appeared before the five-judge bench headed by the Chief Justice of Pakistan (CJP) Mian Saqib Nisar and requested for three days time for Nawaz to engage with the counsel.

However, the top courted granted Tarrar one week to prepare for the case.

Nawaz no-show: SC issues second notice to former PM in disqualification time-period case

During the hearing, the CJP questioned whether a parliamentarian, who has been disqualified under Article 62 (1) (f) three months before the general election, would be eligible to contest.

Waseem Sajjad, counsel for a parliamentarian, stated that the present form of Article 62 is confusing and that there is a need to resolve the controversy around it.

He stated that Article 62 (1)(f) does not give ‘punishment’ which is mentioned in Article 63 of the Constitution. According to said article, time duration of disqualification will be five years.

However, Justice Azmat Saeed Sheikh said if we accept this interpretation then Article 62 will be redundant.

Munir A Malik, who has been appointed as ‘Amicus’ (friend of the court) in the case, stated that right to contest in elections is a fundamental right. Therefore, he added, Article 62 and 63 should be read in a manner wherein fundamental rights of any person should not be infringed.

Malik also stated that time duration of disqualification is mentioned in Article 63 of the Constitution, which says that MPAs will be disqualified for five years.

The Supreme Court (SC) issued a second notice to former prime minister Nawaz Sharif after he did not personally appear before the court on Tuesday in a matter related to the determination of time-period of disqualification under Article 62(1)(f) of the Constitution.

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A five-judge larger bench of the apex court, headed by Chief Justice Mian Saqib Nisar and comprising Justice Azmat Saeed Sheikh, Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Sajjad Ali Shah, took up 17 cases related to the disqualification of parliamentarians.

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    Original news : https://tribune.com.pk/story/1622719/1-disqualification-time-period-top-court-gives-nawaz-counsel-seven-days-prepare-case/