In Lahore, the legal community remains divided on the potential legal avenues for former Prime Minister Nawaz Sharif following the Supreme Court’s rejection of the review of time-barred decisions made under Article 184(3). However, it is widely expected that Nawaz Sharif’s lifetime disqualification issue will eventually find its way back to the court.
The Supreme Court’s decision not to apply the practice and procedure act retrospectively was a temporary setback for Nawaz Sharif, whose disqualification remains in effect under existing laws.
Experts believe that although Nawaz Sharif may not approach the court directly, he could indirectly seek a resolution to his lifetime disqualification through the election act amendments, which have limited disqualifications under Article 62(1)(f) to five years.
Both Nawaz Sharif and Istehkam-e-Pakistan leader Jahangir Tareen were disqualified for life under this article in 2017.
Former Special Assistant to the Prime Minister on Accountability, Irfan Qadir, held the view that while the decision to uphold the entire amendment act, except one part, was largely correct, the verdict denying the right to retrospective appeal by eight judges was incorrect. Regarding Nawaz’s disqualification, Qadir stated that the election act had put an end to the former premier’s lifetime disqualification.
He argued that when parliament passes a law, there is no need to seek court ratification, and in this case, Nawaz Sharif does not need to approach any court. According to Qadir, following the passage of the election act amendment, Nawaz Sharif is eligible to contest elections.
Justice (retired) Wajihuddin Ahmed mentioned that after the Supreme Court’s decision striking down Section 5(2) of the Act, time-barred cases would now be considered closed.
Regarding the election act amendments that reduced lifetime disqualification to five years under Article 62(1)(f), Ahmed believed that it would need to be reviewed by the court. While parliament has the right to pass laws with retrospective impact, courts retain the power to review them.
Senior lawyer Abdullah Malik suggested that rather than taking the matter directly to the court, Nawaz Sharif could submit an application to a returning officer. If the returning officer rejects Nawaz Sharif’s candidacy based on lifetime disqualification during the election process, he could then approach the relevant court, stating that his ineligibility had ended due to the election act amendment. However, Malik noted that the Practice and Procedure Act would not benefit Nawaz Sharif in this regard.
Justice (retired) Shaiq Usmani explained that the PML-N’s leader could file a review against this decision under Article 25 within 30 days. Regarding election act amendments that reduced a parliamentarian’s disqualification period to five years, Usmani stated that it would not apply retrospectively and would not affect Nawaz Sharif.
The election (amendment) act under Section 232 qualification and disqualification subsection (2) specifies that the disqualification under Article 62 of the Constitution shall be for a period not exceeding five years from the court’s declaration and is subject to due process of law, irrespective of any other provisions, laws, judgments, orders, or decrees.
Leave a Comment