Top court says larger bench will hear presidential reference filed by govt against ‘practice of defection’
ISLAMABAD:
Chief Justice of Pakistan Umar Ata Bandial on Monday observed that there should not be any interference to halt the process of Article 95 of the Constitution which permits a no-confidence motion against the incumbent prime minister.
The two-member bench that also includes Justice Munib Akhtar made these remarks while hearing a petition of the Supreme Court Bar Association (SCBA) that sought the intervention of the apex court to prevent “anarchy” on the day of the no-trust vote.
SCBA President Muhammad Ahsan Bhoon had asked the court to restrain “political parties from holding public meetings in Islamabad before voting on the no-confidence motion”.
The petition had also prayed the court to stop government agencies from arresting or detaining MNAs and to stop public gatherings in the federal capital which prevented the assembly members from reaching parliament.
“The purpose of Supreme Court proceedings is that the right of lawmakers [to cast vote] must not be defeated,” CJP Bandial said.
The bench also refused to intervene in the matter concerning the delay of the National Assembly session by the speaker. It advised the counsels representing the opposition leaders to raise this matter in parliament.
In a reference to the attack on the Sindh House by PTI workers, the court said it expected that the Sindh government’s version will also be included in FIR.
Opposition leaders, including PML-N President Shehbaz Sharif, JUI-F chief Maulana Fazlur Rehman, and PPP Chairperson Bilawal Bhutto-Zardari arrived at the Supreme Court ahead of the hearing.
Speaking to the media, Shehbaz Sharif said they appeared before the bench on the court’s notice. He added that the lawyers worked hard to prepare the petition seeking the intervention of the top court.
In a comment, PPP chief Bilawal Bhutto-Zardari said they will not resort to political statements in court and added that they will fight this battle through their legal counsels.
Larger bench for presidential reference
The court also issued notices to all major parties on the presidential reference as a larger bench would be expected to hear the presidential reference on March 24.
During the hearing, Attorney General for Pakistan Khalid Javed Khan gave an undertaking that all state functionaries would act strictly in accordance with the Constitution and the law
Earlier in the day, the government filed a reference through the AGP seeking disqualification of members who might cross the floor on the day of the voting on the no-confidence motion.
It asked ‘what measures and steps could be taken with existing constitutional and legal framework to curb, deter and eradicate the cancerous practice of defection, floor crossing and vote buying’
“That if the constitutional disapproval and prohibition against defection is effectively enforced with deterrence for future as well, many such members shall stand disqualified for life under Article 62(1)(f) and will never be able to pollute democratic streams. Such a robust and purpose-oriented interpretation of Articles 62 and 63A by this Hon’ble Court would advance a highly desirable constitutional goal by shutting the doors of Parliament for habitual turncoats…”
According to the reference, the “most suitable and appropriate disqualification for a declared defector is disqualification for life as provided under Article 62(1)(f). Such members must never be allowed to return to parliament nor their tainted votes be counted in any constitutional or democratic exercise”.