The Supreme Court Monday announced that it will conclude the presidential reference hearing on Tuesday (today), seeking interpretation and scope of Article 63-A of the Constitution. “We would like to conclude the proceedings tomorrow,” said Chief Justice of Pakistan (CJP) Umar Ata Bandial while hearing the presidential reference related to disqualification of legislators over defection. A five-member larger bench, headed by Chief Justice of Pakistan Umar Ata Bandial, and comprising Justice Ijaz-ul-Ahsan, Justice Mazhar Alam Miankhel, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhel, heard the case. Justice Bandial noted that under Article 63-A of the Constitution, the party head had the power to override the political party’s direction. He observed that if the party head condones wrongdoing of a member, then it would be a mockery of the Constitution and democracy. “It will also be a mala fide exercise by the party head,” Justice Bandial remarked. Justice Ijazul Ahsan said the Constitution does not condone defection. He said few individuals could not be allowed to derail the system and democracy and added that the Constitution empowered the court to defend it, , says a news report. When the Balochistan National Party (BNP) counsel Mustafa Ramday suggested the bench to not allow political parties to use its shoulder to decide political disputes, Justice Ahsan noted that it was not obligatory upon the court to take up every political matter. He added that the court decides maintainability of the petition first then give its decision irrespective of whether its suits one party or not. “How democracy will work if every member acts as he pleases,” remarked Justice Ahsan. Advocate Ramday said the presidential reference was filed for political gains, adding that Article 95 could not be rendered ineffective through Article 63-A on which the chief justice questioned whether the members were allowed to vote against their prime minister under Article 95. The advocate responded that Article-95 allows members to vote against party discipline.
“With this argument you have abolished the political party; in this way the political party will become a ‘tea party’,” the CJP said in response.
Attorney General for Pakistan Ashtar Ausaf and PML-N lawyer Makhdoom Ali Khan requested the court for extension for completion of arguments. However, the CJP rejected the plea remarking that the court wanted to make a decision on the case soon. The chief justice rebuked the AGP over “trying to delay the case after promising to assist the court” in hearing. AGP Ausaf, at the last hearing of the reference, had asked the court to allow him to present his arguments on Monday. “This is one of the most important affairs of public interest. Both AGP Ausaf and Khan are counsel for the government […] their requests for extension mean the incumbent government wants to defer the case,” CJP Bandial remarked.
