ISLAMABAD: The Supreme Court of Pakistan has announced that it will complete the hearing on presidential reference tomorrow (Tuesday)
The reference was filed by the PTI government before its ouster, seeking interpretation and scope of Article 63-A of the Constitution.
“We would like to conclude proceedings tomorrow,” said Chief Justice of Pakistan (CJP) Umar Ata Bandial on Monday while hearing the presidential reference related to the disqualification of legislators over defection.
During the hearing, CJP Bandial noted that under Article 63-A of the Constitution, the party head has the power to override the political party’s direction.
He observed that if the party head condones the wrongdoing of a member then it would be a mockery of the Constitution and democracy. “It will also be malafide exercise by party head,” Justice Bandial remarked.
Justice Ijazul Ahsan, who is a member of a five-judge bench headed by the CJP, said that the Constitution does not condone the defection. He said that few individuals could not be allowed to derail the system and democracy and added that Constitution empowered the court to defend it.
When Balochistan National Party (BNP) counsel Mustafa Ramday suggested the bench not allow political parties to use its shoulder to decide political disputes, Justice Ahsan noted that it is not obligatory upon court to take up every political matter.
He added that the court decides the maintainability of the petition first and then gives 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 that 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.
