PESHAWAR: Supreme Court of Pakistan (SCP) on Monday decided to constitute larger bench for hearing the Presidential Reference, seeking the interpretation of Article 63-A of the constitution and discouraging ‘horse-trading’.
During hearing of the presidential reference and a petition submitted by the Supreme Court Bar Association (SCBA), Chief Justice of Pakistan Omar Ata Bandial urged the political parties and the government should show their strength in parliament instead of gathering political workers on the streets.
The Chief Justice of Pakistan remarked that the no-confidence motion is an internal matter of National Assembly and therefore it will be better for the political parties to fight the war inside the Assembly. “We want all political parties to tell their workers that this process will be completed in accordance with the procedure laid down in the constitution,” the chief justice said.
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Justice Bandial lamented that the Sindh House tragedy has affected the voting rights of members of the Assembly. Justice Bandial announced that a larger bench will be constituted to hear the reference filed for the interpretation of Article 63A of the Constitution. Opposition leaders – Pakistan Muslim League-Nawaz president Shahbaz Sharif, Pakistan Democratic Movement chief Maulana Fazlur Rehman and Pakistan People Party chairman Bilawal Bhutto Zardari were also present in the Supreme Court during the hearing.
During the hearing, the counsel for the Supreme Court bar said that the constitution provides that the speaker should convene the session of assembly within 14 days and the speaker has no right to delay it. He said that speaker has also delayed the session.
The Chief Justice of Pakistan said that the court has to see that no one is deprived of voting due to any event, voting is a constitutional right of the members, the court will not interfere in the proceedings of the assembly and only wants that voting right is not affected.
Justice Umar Ata Bandial further said that no one will be allowed to stop any voter by bringing people; therefore, efforts should be made not to hold rallies at D-Chowk. The political parties and government was asked to sit together and create consensus.
On Monday morning, Attorney General of Pakistan Khalid Javed Khan submitted the reference on Monday after its approval of the President.
The presidential reference asks;
- Whether defected members cannot be prevented from vote under Article 63A for violating party policy.
- Will the vote of defected members can be counted or not?
- Whether those who go against the party policy will be disqualified for life or not.
- What is the period of disqualification under Article 63A?
The federal government has also asked for suggestions on further measures to curb floor crossings or horse trading.