ISLAMABAD, March 29: While concluding arguments in presidential reference before a five-member larger bench of the Chief Justice of Pakistan Umar Ata Bandial on Tuesday Attorney General for Pakistan (AGP) Khalid Jawed Khan reiterated parliamentarians who vote against their party’ policy should be disqualified for life.
However, the bench observed that Article 63-A of the Constitution did not mention lifetime disqualification as it only referred to temporary disqualification (de-seating) in case of violation.
During the course of proceedings on the presidential reference, AGP contended defection was no ordinary political activity saying the Constitution mentioned the tenure of an assembly, not of lawmakers. He was of the view that lawmakers’ membership ends in case of the dissolution of the assembly, adding that the purpose of Article 63-A will be fulfilled with lifetime disqualification and
would not serve its purpose by de-seating lawmakers till the completion of the assembly’s tenure. He further argued that in case of a declaration, Article 62(1)(f) will be applied to the dissenting lawmaker.
Responding to a query of a member of the bench Justice Jamal Khan Mandokhail whether disagreement meant dissent as per the AGP, to which the AGP submitted it is not fact. To which, Justice Mandokhail observed Article 63-A referred to de-seating, not disqualification saying there was no need for further discussion when there was no mention of disqualification.
A member of the bench Justice Ijazul Ahsan remarked Article 63-A would not require evidence as defection was not a mistake but a deliberate action saying the court will have to do a lot of manoeuvring to determine lifetime disqualification. Whereas the member of the bench Justice Muneeb Akhtar observed that there was no mention of lifelong disqualification in Article 63-A. There were separate court decisions on the application and consequences of Article 62(1)(f).
Justice Mandokhail added that in case of possible defections, the party head was bound to hear a version of the lawmakers by issuing a show-cause notice.
Responding to a query of Justice Mandokhail, the AGP apprised the bench that Prime Minister Imran Khan highly respects the judges and he had referred to the incident of wooing judges that happened in 1997 while addressing the Kamalia rally. “I want to issue a statement on behalf of the prime minister in the court,” the AGP submitted saying the premier “believes in the impartiality of the judges and the independence of the judiciary.
Later, the bench adjourned hearing of the reference till March 30 (today).-TLTP
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