ISLAMABAD: While hearing the presidential reference the Supreme Court (SC) of Pakistan on Wednesday remarked that article 63 (A) will be invoked after the members casting vote against the Party line.
A five-member bench of the apex court headed by Chief Justice Umar Ata Bandial heard arguments over the presidential reference seeking the court’s opinion over Article 63 (A).
Pakistan Muslime League-Nawaz lawyer Makhdoom Ali Khan in his arguments called the court to send back the Presidential Reference over Article 63 (A), as it is non-maintainable and the court was not legally bound to hear it.
“The reference from the president heard out of respect to the office,” Makhdoom Ali Khan said. “The question in the reference is political and not legal,” he argued.
He said that it was not appropriate to get answers to every question from the court. “The government wants more relief than what is written in Article 63 (A),” the lawyer added.
Chief Justice Bandial remarked that article 63 (A) clearly says that defection from the party will be unconstitutional.” It seems from your conversation that defection from the party is not bad,” CJP added. “Perhaps I didn’t communicate my contention,” Makhdoom Ali Khan said.
“A point of view says defection from the party is part of the democracy, another opinion says a deliberate deviation from the party line is betrayal,” Justice Ijazul Ahsan remarked. “Article 63 (A) calls the defection from the party an unfair act. “The question is if the defection is as much wrong which could be punished with lifelong disqualification,” Justice Ahsan questioned.
“According to the president, wrongful deeds happened in the senate election. President and Prime Minister were aware of the horse-trading but they didn’t act over it,” PML-N lawyer said.
“In senate election the member have to cast vote as a voter, casting vote for money in the senate election is also a crime,” Justice Munib Akhtar said.
“In Article 63 (A) the party chief can give a declaration with regard to defection. ” There is no reference about disqualification without hearing the member,” Justice Jamal Mandokhel remarked. “My argument is, the consequences of Article 63 (A) could not go beyond, what is in the constitution,” the lawyer said. “I am agreed with the observation of Justice Ijazul Ahsan,” he said.
Justice Jamal Mandokhel said that Article 63 (A) will be invoked after the member’s casting vote. “How the President knew that the government members are going to defect,” he questioned. “The PTI counsel could reply to this question,” Makhdoom Ali Khan said.
“It is not necessary that defection from the party based on immorality and corruption,” PML-N lawyer said. ” Defection from a party can happen for a noble cause,” he argued. “History has turned politics into a bad word. Defecting member will give a reply to the show-cause notice of the party’s chief and if the party head will be satisfied the show cause will be taken back,” Makhdoom Ali said.
“Perhaps the court’s opinion could not satisfy political issues. The opposition is also taken into a loop over political matters in the UK,” the lawyer further argued.
The lawyer also pointed out the timing of the presidential reference. The President has filed the reference after the no-confidence motion, he said.
The bench adjourned further hearing on the reference until Monday.
