ISLAMABAD, March 21: The Supreme Court of Pakistan said on Monday that it would constitute a larger bench for the hearing of the presidential reference, seeking interpretation of Article 63-A of the constitution by the court.
Attorney General for Pakistan Barrister Khalid Javed Khan filed the reference today.
A two-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial and Justice Munib Akhtar, took up the reference today along with a plea filed by the Supreme Court Bar Association (SCBA) seeking the top court’s intervention to prevent “anarchy” ahead of the no-trust voting against Prime Minister Imran Khan.
During the proceedings, the apex court ordered the formation of a larger bench on SBCA petition and also sent notices to all political parties on presidential reference.
As the hearing went underway, the AGP apprised the SC that federal government has filed reference to seek the opinion of the top court in the presidential reference under the jurisdiction of Constitution’s Article 186.
The Supreme Court’s guidance has been requested over delineation of the scope and meaning of certain provisions contained in Article 63-A of the Constitution, the AGP told the court.
During the hearing, the CJP asked how lawmakers can be stopped from casting their votes?
To which, the attorney general assured the apex court that no lawmaker would be stopped from voting on no-trust move, adding that action will be taken against those voting against party policy under Article 63 (A).
The attorney general also informed top court that the public won’t be allowed to enter red zone during the National Assembly session.
During the hearing, Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial said that nobody could be barred from casting vote.
At the same time, however, he made it clear that people’s businesses and routine life should also not get affected by the political activities of parties resulting from the no-confidence motion.
Justice Muneeb Akhtar, while addressing the counsel for the Supreme Court Bar Association (SCBA) who had given the reference of Article-66 during the hearing, said as how the said article gave the right to vote to the legislators. “In fact, the article gives protection to parliamentary proceedings,” he elaborated.
He went on to say that under Article 95-II, the individual vote of a member of the National Assembly (MNA) did not count. “The apex court has already given its observations in Nawaz Sharif and Benazir Bhutto cases,” he reminded.
The CJP asked as what the Bar had to do with the vote of confidence. “The SCBA should be concerned about the rights of citizens,” he remarked.
SCBA’s lawyer replied that after all the vote of confidence was also a matter of public interest.
CJP Bandial further said that as per the constitution, parliament had paramount importance, and political parties, too, had rights. “Article 63-A sheds light on the rights of parties,” he elaborated.
CJP Bandial then adjourned the hearing of the case until March 24. Speaking to the media after the hearing, Federal Minister for Information and Broadcasting Fawad Chaudhry said that a conspiracy was hatched against the elected government of Pakistan. He said the government had prayed to the court to explain whether there was any room for the sale of votes (horse trading). -NNI
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