Islamabad: Islamabad High Court (IHC) restored 10-year disqualification for convicts charged under National Accountability Ordinance (NAO) and suspended its earlier ruling limiting same to five years.

Decision was taken by an IHC division bench comprising Justice Mohsin Akhtar Kayani and Justice Saman Rafat Imtiaz on an appeal filed by National Accountability Bureau (NAB) on disqualification of former Balochistan Minister Mir Faiq Ali Jamali.

Accountability watchdog had on July 25 challenged IHC single-bench order limiting disqualification to five years, since NAO provides for 10-year disqualification for convict.

However, after changes were made to Election Act 2017 last year reducing period of disqualification to five years Jamali filed petition before IHC seeking permission to contest upcoming elections.

Today, IHC issued stay order on its earlier verdict, restoring section 15 (disqualification to contest elections or to hold public office) of NAO, which specifies 10-year disqualification for convicts from “Seeking or from being elected, chosen, appointed or nominated” as public office holders.

During hearing, NAB prosecutor Rafay Maqsood argued that disqualification period starts from time convict is released from jail. At this, Justice Kayani said NAB official’s arguments did not address question raised as “Sentence is not controversial”. Subsequently, IHC issued stay order on its earlier ruling, restoring 10-year period for disqualification.

Published in The Daily National Courier, January, 05 2024

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