P L D 2024 Supreme Court 256 (PLP)
HAMZA RASHEED KHAN and another — Appellants Versus ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE and others — Respondents
| Citation | P L D 2024 Supreme Court 256 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Qazi Faez Isa, C.J., Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar and Musarrat Hilali, JJ |
| Parties | HAMZA RASHEED KHAN and another — Appellants Versus ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE and others — Respondents |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2024 Supreme Court 256 (PLP)?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2024 Supreme Court 256 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Qazi Faez Isa, C.J., Syed Mansoor Ali Shah, Yahya Afridi, Amin-ud-Din Khan, Jamal Khan Mandokhail, Muhammad Ali Mazhar and Musarrat Hilali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2024 Supreme Court 256 (PLP) (HAMZA RASHEED KHAN and another — Appellants Versus ELECTION APPELLATE TRIBUNAL, LAHORE HIGH COURT, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Saqib Jilani, Advocate Supreme Court (C.As. Nos. 981 and 985 of 2018).
- Kamran Murtaza, Sr. Advocate Supreme Court (in C.A. No. 982 of 2018).
- Sh. Usman Karim-ud-Din, Advocate Supreme Court (in C.A. No. 984 of 2018).
- M. Ahmed Qayyum, Advocate Supreme Court (in C.A. No. 880 of 2015)
- Waleed Rehan Khanzada, Advocate Supreme Court (in C.A. No. 1946 of 2023)
- Syed Asghar Hussain Sabzwari, Sr. Advocate Supreme Court (in C.P. No. 2680 of 2023).
- Saeed Khurshid Ahmed, Advocate Supreme Court (in Const. P. No. 40 of 2022).
- Syed Ali Imran, Advocate Supreme Court/Secy. SCBA, Anis Muhammad Shahzad, Advocate-on-Record (in C.M. Appeal No. 22 of 2022).
- Mir Aurangzeb, Advocate-on-Record (in C.M. Appeal No. 135 of 2022).
- Ch. Akhtar Ali, Advocate-on-Record (in C.M.A. No. 10920 of 2023).
- Khurram Mahmood Qureshi, Advocate Supreme Court (in C.M.A. No. 10921 of 2023).
- Dil Muhammad Khan Alizai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.A. No.10939 of 2023).
- Mian Abdul Rauf, Advocate Supreme Court (in C.M.A. No. 3 of 2024).
- Shoukat Hayat, Advocate Supreme Court (in C.M.A. No.4 of 2024).
- M. Anwar Malik, Advocate Supreme Court/Advocate-on-Record (in C.M.A. No. 5 of 2024).
- M. Makhdoom Ali Khan, Sr. Advocate Supreme Court, Saad Mumtaz Hashmi, Advocate Supreme Court, Sikandar Bashir Mohmand, Advocate Supreme Court, Barrister Imran Khan and Hamza Azmat Khan, Advocates (in C.M.A. No. 6 of 2024).
- Ch. Munir Sadiq, Advocate Supreme Court and Syed Ali Imran, Advocate Supreme Court (in C.M.A. No.18 of 2024).
- Khalid Ibn-e-Aziz, Advocate Supreme Court for Respondent No.1 (in C.A. 981 of 2018).
- Nemo for Respondent No.3 (in C.A. No. 982 of 2018).
- Nemo for Respondent No.1 (in C.A. No. 984 of 2018).
- Nemo for Respondent No.2 (in C.A. 880 of 2015).
- Barrister Khuram Raza, Advocate Supreme Court for Respondent No.3 (in C.A. No. 880 of 2015).
- Khalid Ishaq, Advocate-General, Punjab.
- Amir Javed, Advocate-General and Sultan Mazhar Sher Khan, A.A.G. Khyber Pakhtunkhwa.
- Ayaz Khan Swati, Additional Advocate-General, Balochistan.
- Ayaz Shaukat, Advocate-General, Isb.
- Uzair Karamat Bhandari, Advocate Supreme Court, Faisal Siddiqi, Advocate Supreme Court and Ms. Reema Omer, who submitted amicus brief in writing.
Headnotes / Summary
Arts. 10A, 17 & 62(1)(f)
Elections Act (XXXIII of 2017), S. 232(2)
Disqualifications for membership of Majlis-e-Shoora (Parliament)
Life time disqualification under Article 62(1)(f) of the Constitution
Interpretation of Article 62(1)(f) of the Constitution in imposing a lifetime disqualification upon a person through an implied declaration of a court of civil jurisdiction while adjudicating upon some civil rights and obligations of the parties is beyond the scope of the said Article and amounts to reading into the Constitution
View taken in the case reported as Sami Ullah Baloch v. Abdul Karim Nausherwani (PLD 2018 SC 405) treating the declaration made by a court of civil jurisdiction regarding breach of certain civil rights and obligations as a declaration mentioned in Article 62(1)(f) of the Constitution and making such declaration to have a lifelong disqualifying effect amounts to reading into the Constitution and is therefore overruled.
Judgment & Decree
YAHYA AFRIDI, J.
With profound respect, I disagree. For reasons to follow, the extent of lack of qualification of a member of the Parliament, as envisaged under Article 62(1)(f) of the Constitution of Islamic Republic of Pakistan, 1973, is neither lifelong nor permanent, and the same shall remain effective only during the period the declaration so made by a Court of law remains in force. Therefore, the conclusion so drawn by this Court in Sami Ullah Baloch v. Abdul Karim Nousherwani (PLD 2018 SC 405) is legally valid, hence affirmed. MWA/H-1/SC Order accordingly.