The Sindh High Court has solicited opinion from the federal government's lawyer concerning the Election Act 2023 as well as the Supreme Court’s decisions on a petition challenging the tweaks rendering the disqualification period to five years.
A petition challenging the reduction of the disqualification period to five years was heard by a two-member bench led by Chief Justice Aqeel Ahmad Abbasi.
The petitioner argued that no amendments can be made to the Constitution of Pakistan and pointed out the inconsistency of Section 232 of the Election Act with constitutional principles.
Furthermore, the petitioner alleged that the amendment to the Election Act favoured a specific individual, namely former prime minister and PML-N supremo Nawaz Sharif, by reducing the disqualification period.
Despite Nawaz's initial lifetime ineligibility, the amendment granted him benefits, the petitioner claimed, contending that this concerned the fundamental rights of the people.
At this, CJ Aqeel Ahmad Abbasi questioned whether parliament lacked the authority to legislate. He observed that if there has been a violation of the Supreme Court's decision,
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it should be referred back to the top court.He further remarked that individuals previously ineligible or who have benefited should also be included as parties to the petition.
Such matters, he noted, do not concern the public. If hearings for such cases begin, an influx of half a million similar cases may arise. "We are not here to shoot arrows in the dark; the parliament holds the authority to legislate," he stated.
The court asked the federal government's lawyer to provide input considering the Election Act 2023 and the SC’s rulings.
The hearing was adjourned until May 28, with the petitioner instructed to come prepared regarding the SC’s decisions and the Election Act.
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