ISLAMABAD: The Supreme Court of Pakistan has dismissed petitions seeking a referendum to enforce the Presidential system in the country, saying they do not have the domain to call for a referendum.
In his written verdict on the petitions on Friday, Chief Justice of Pakistan (CJP) Umar Ata Bandial said that the apex court is not in a position to make a decision as there is no guidance from the Constitution and the law in this regard.
The CJP has issued the detailed verdict on the identical appeals filed against the order of the Registrar’s Office and returning of the petitions with objections.
The CJP, in the verdict, noted that the petitioners and the counsel had argued their cases at length. He added that the petitions had prayed the court direct the prime minister to “consider the holding of a referendum on the question; whether the people of Pakistan want a presidential form of government or not”.
The CJP said that the court had asked the petitioners how individual citizens can have “locus standi to press for a change in the political system of the country when there are several forums in existence to voice the said demand”.
The court had also asked the petitioners “as to which legal criteria are available with the court to adjudicate upon the prayer for change in the political system of the country”.
In 2020, the Registrar’s Office had raised objections over the petitions saying it was not pointed out as to what questions of public importance in the instant case were involved with reference to enforcement of any of the fundamental rights, guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.
The registrar had stated that the petitioners had not approached any other appropriate forum available to them under the law for the relief, besides not providing any justification for not doing so.
Lahore High Court had also dismissed similar petitions some days ago. Justice Jawad of the Lahore High court issued a six-page detailed judgment deeming the petitions out of their domain. The court has to decide about it under Article 199 of the constitution, the decision said.
