Apex Court says: Suspension of disqualification not suspend punishment

ISLAMABAD (PPI): Supreme Court of Pakistan Justice Athar Minallah said there was no judicial precedent in the country for suspension of the decision on disqualification.

A hearing was held on the request of PTI founder chief in the Election Commission of Pakistan (ECP) about the level-playing-field in the SC.

The apex court indicated to hear the contempt court petition against the ECP tomorrow.

Justice Tariq Mehmood said the toshakhan disqualification case application was not filed in the SC.

Lawyer Shehbaz Khosa appealed the court to appoint the disqualification petition before a three-member bench.

Justice Tariq Mehmood said only two judges were available in Islamabad while the toshakhana case was required to decide by at least three-member bench.

Justice Athar Minallah stated there was a request before the SC if the judgement of toshakhana was suspended, the sentence should also be declared as null and void. “We see no judicial precedent in the history of Pakistan for the suspension of sentence,” he remarked.

The lawyer highlighted there was a judicial precedent when Makhdoom Javed Hashmi’s sentence was quashed. The PTI lawyer pointed out the SC could form a bench by calling the judges on leave.

Justice Tariq Mehmood replied the judges were not available.

The SC rejected the request for an urgent hearing on appeal for the removal of disqualification of the PTI founder.