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Pakistan Senate Passes Bill To Limit Disqualification Period; Opposition calls it attempt to secure Nawaz Sharif’s participation in polls

Former Pakistani Prime Minister Nawaz Sharif, the brother of Pakistan’s current Prime Minister Shehbaz Sharif, was disqualified in 2017 by a five-member panel of the Supreme Court. File | Photo credit: AFP

Pakistan’s Senate has passed a bill to ensure that no MP is disqualified for life, a move described by the opposition as an attempt to clear the way for former Prime Minister Nawaz Sharifhis return to the country and his participation in the next elections.

Nawaz Sharif was disqualified in 2017 by a five-member panel of the Supreme Court. In 2018, he was ineligible to hold public office for life after a Supreme Court verdict.

The 73-year-old former prime minister has been living in London since November 2019 for medical treatment after a Pakistani court granted him a four-week reprieve.

Nawaz Sharif, who served as Pakistan’s prime minister for three non-consecutive terms, was serving seven years in prison at Kot Lakhpat jail in Lahore in the Al-Azizia corruption case before leaving for London.

The Senate approved this Friday the Bill that seeks to limit the disqualification of legislators to five years with retroactive effect, the Sunrise reported the newspaper.

The move comes a day later. Pakistani Prime Minister Shehbaz Sharif urged his older brother Nawaz Sharifthe PML-N supremo, to return from London and lead the party’s election campaign in the general election and become the nation’s prime minister for a record fourth time.

A copy of the bill introduced in the Senate on Friday included an amendment to Section 232 (Qualifications and Disqualifications) of the 2017 Elections Act.

The amendments say that a person’s eligibility to become a member of parliament will be decided according to the criteria set out in articles 62 and 63 of the Constitution.

The reform added that the procedure, form and duration of the disqualifications and qualifications must be those specifically provided for in the pertinent provisions of articles 63 and 64 of the Constitution.

“When such a procedure, form or duration has not been foreseen, the provisions of this Law will be followed,” he added.

Any person disqualified by judicial sentence will be disqualified for a maximum of 5 years from the day the sentence is pronounced. Ineligibility under Article 62(1)(f) shall not extend beyond five years.

The Senate also approved amendments granting the right to announce the date of elections to the Pakistan Election Commission.

The Opposition called it “person-specific legislation” and an attempt to secure Nawaz Sharif’s participation in the upcoming elections.

Two previous attempts by the PML-N-led coalition government to reverse a person’s lifetime ban have failed.

The Supreme Court is hearing two laws, including the “Review of Supreme Court Judgments and Orders Bill of 2023” and the law to limit the powers of the Chief Justice.

These legislations were also termed as an attempt to reverse Nawaz Sharif’s lifetime disqualification.

During the debate on the bill, the opposition was asked not to oppose it, warning that “this sword could be used against former Prime Minister Imran Khan also”.

Jamaat-i-Islami Senator Mushtaq Ahmad said there was no ambiguity in articles 62 and 63 of the constitution. He claimed that the government wanted to phase out the qualification and disqualification clauses.

Sources in the ruling coalition claimed that it is unfair that parliamentarians who have been banned for life under Article 62 of the Constitution, the geographic news informed.

There was an ambiguity, and parliament has now removed it by limiting the disqualification period to five years, they said.

When asked if the Supreme Court can take note of this legislation, the sources stated: “Parliament is supreme and has the right to legislate and remove any ambiguity if there is any in a law or law. This was due, and should have been done long ago.”

When asked if this legislation has been introduced to ensure Nawaz Sharif’s participation in the upcoming elections, the sources said that it is not just for the PML-N supremo.

In the future, if any leader is disqualified, he too will be the beneficiary of it, as it is not a people-specific legislation, the sources said.

The current National Assembly will complete its five-year term on August 12 and new general elections in Pakistan must be held within 60 days as per Pakistan’s Constitution.

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