For how long Nawaz Sharif will remain disqualified, legal experts opine
Senior analysts haven't formed a common opinion over duration of PM's disqualification by Art 62, 63
LAHORE (Dunya News) – The million dollar question that for how long Pakistan Muslim League-Nawaz (PML-N) founder Nawaz Sharif will remain disqualified is not as simple as it looks. Different legal and constitution experts have explained the disqualification of prime minister by Article 62 and 63 in their certain manner.
While some suggest Nawaz Sharif is only declared ineligible for either five or ten years, others claim that the top court has placed a lifetime ban on the politics of ex-PM. Supreme Court based Article 62 1 (f) to disqualify Nawaz Sharif on moral grounds for not disclosing the complete details of his assets i.e. not declaring the receivable salary of 10,000 dirhams from Dubai-based Capital FZE being the Chairman of Board of Governors and UAE Iqama holder.
When asked whether the leader of ruling party would be able to contest elections in future, this is what renowned legal experts said:
Barrister Ali Zafar the review petition which is due to be submitted by PML-N will establish the duration of ineligibility.
Former president of Supreme Court Bar and senior lawyer Kamran Murtaza said anyone declared disqualified in view of Article 62 1 (f) can never contest elections due because of the lifetime ban on becoming lower house member. He gave the example of Abdul Ghafoor Lehri VS returning officer case.
President of Supreme Court Bar Association Rashid A. Rizvi said there is no mention of duration in the court’s orders. It should be considered as a one-time disqualification, according to his own explanation of the articles.
Former judge Justice (retd) Muhammad Alam believes Nawaz Sharif will remain ineligible until the apex court revises its verdict. He said the explanation of constitution is done by Supreme Court, not parliament.
Senior law expert Abid Hassan Manto asked whether undeclared assets in Capital FZE and UAE Iqama lie under the bracket of lying in view of Article 62 and 63.
Several lawmakers have been disqualified in view of these articles in constitution and their review petitions remain pending. On such petitions, former Chief Justice Anwar Zaheer Jamali has asked how someone can remain ineligible if the person reconsiders itself. He raised concerns on the decision to disqualify Nawaz Sharif basing these articles.
