ISLAMABAD: The government intends to approach the Supreme Court for a review of its decision regarding the interpretation of Article 63-A of the Constitution, it emerged on Sunday.
The government’s plan to file a review is doubly interesting because the Supreme Court Bar Association (SCBA) had already filed a similar petition against the order.
However, the government is suspicious of the intentions of Abid Shahid Zuberi, the current SCBA president, whose political inclinations were “diametrically opposed to that of the current ruling coalition,” Dawn reported on Sunday quoting sources.
The SCBA, which is led by Mr. Zuberi, was thought by the administration to have a chance of completely withdrawing the review petition. In such a case, the source said, the government would forfeit its chance to present its case and persuade the Supreme Court to reconsider its ruling.
On June 23, 2022, the SCBA submitted the petition for a review through senior lawyer Mansoor Usman Awan.
Now that Mr. Awan has taken over as Pakistan’s attorney general, he is unable to present the SCBA’s position whenever the issue is discussed. However, if instructed, he can support the court.
Since Mr. Zuberi was heard in a conversation that was posted on social media in February, there have apparently been tensions between the federal government and him.
In the conversation, former Punjab chief minister Parvez Elahi was allegedly telling Mr Zuberi to fix the case of his ex-aide before a specific Supreme Court judge.
Article 63-A outlined the process to disqualify a lawmaker who votes against the party line in the assembly during the election of the prime minister or chief minister, vote of confidence or no-confidence and budget.
In May 2022, a five-member bench of the Supreme Court, while deciding the presidential reference for the interpretation of the article, said votes of defecting lawmakers will not be counted.
The decision was instrumental in packing up the transient Hamza Shahbaz-led government in Punjab which was formed with the support of 25 dissident PTI lawmakers who voted in favour of the PMLN leader.
