A five-member larger bench of the apex court headed by Chief Justice Omar Ata Bandial heard the presidential reference filed for interpretation of Article 63-A.
During the hearing in the Supreme Court, Chief Justice Omar Ata Bandial said that when they could not prove why they say every politician is a thief.
The Chief Justice said that the musical chair of power has been running in the country since 1970, no one can be allowed to take advantage of wrongdoing.
Chief Justice Omar Ata Bandial also said that the Supreme Court has set certain conditions of lifelong disqualification, deeming deviation a serious mistake.
He said that the country needs a stable government for development.
During the hearing on the presidential reference filed in the Supreme Court for interpretation of Article 63A, the Chief Justice remarked that disqualification of a person for life is a very severe punishment.
PML-Q lawyer Azhar Siddique, while giving arguments, said that the purpose of Article 63A is to prevent members from deviating. The constitution was also amended to prevent members from deviating.
Azhar Siddique took the position that on April 16 PTI members violated party policy, deviant members voted for Hamza Shahbaz contrary to party policy.
He said that the reference against the deviant members was pending in the Election Commission. Who wrote it and when was it published? In reply, Azhar Siddique said that the article was published on May 5.
The Chief Justice said that he could not comment on the disqualification reference in the Election Commission, the matter of deviant members is pending in the Election Commission.
Azhar Siddique said that my case is not a disqualification reference, my case is that the party’s mandate was robbed in broad daylight.
Justice Mazhar Alam Mian Khel said that the matter should be reviewed by the Election Commission, the appeal against the decision of the Election Commission will come only to the Supreme Court, some people of your party are here and some there, PML The leaders are silent, there is a Balochistan party, their people do not know where they are.
Giving remarks, Justice Mazhar Alam Mian Khel further said that half of the party is here and half of the party is there, he knows who is being stolen.
Azhar Siddique said that the word disqualification was not used for deviant members in India.
Justice Jamal Khan Mandokhel asked what is the period of disqualification of deviant member in India’s Schedule 10? Why do they say that politicians are thieves? Why make such statements unless investigated?
The Chief Justice remarked that the no-confidence motion was passed on March 28, the no-confidence motion was to be debated on March 31, the question should have been asked why the no-confidence motion was brought. Demanded, we have to protect the Constitution, so we are hearing the reference to the interpretation of Article 63-A, Article 63A has a purpose regarding deviant members, 63A was brought through constitutional amendments.
Justice Muneeb Akhtar said that Article 63-A can be read with Article 17 (2), sub-clause 2 of Article 17 gives rights to political parties.
During the hearing, when Attorney General of Pakistan Ashtar Osaf came on the rostrum, the Chief Justice said, “Thank you Attorney General for coming. Will you assist the court in this matter?” On which Ashtar Osaf said that if the court wants, I will assist the court, next week I will assist the court on Tuesday.
Chief Justice Omar Ata Bandial said that there is a very complex but very important question before the court, there is a need to draw a line somewhere on such matters. , Which brought political and legal stability, should the party leader be allowed in the constitutional interpretation.
The Chief Justice further said that if the party chief wants to take action against the deviant members, if the party chief does not want to take action, there is a lot of volatility, excitement, pressure and instability in our political system, between the parties in the court. Decisions have to be made, thousands of cases are pending before the courts.
On this, Attorney General Ashtar Osaf said that one way or the other will be determined by the judicial debate.
Justice Muneeb Akhtar remarked that one point is that the vote of a deviant member should not be counted.
The Chief Justice said that every issue is coming up in the court, we are sitting here to resolve inter-party and internal issues.
On this occasion, the lawyer of the Supreme Court Bar Mansoor Awan said that the constitution gives the right to vote to the members according to their conscience.
On which Justice Muneeb Akhtar remarked that discipline of political parties is necessary in the parliamentary system of government. If you accept your argument then where will the political parties stand, thus the whole system will be destroyed, not party discipline. If that happens then there will be chaos in the political party.
Justice Ijaz-ul-Ahsan said that political parties have rights under Article 17 (2), where the rights of political parties are disconnected in the presence of Articles 17 and 63A.
Mansoor Awan said that if the party policy is violated then the party can withdraw its seat.
The Chief Justice said that he wanted to strengthen the legislative system in the 1973 constitution. Article 96 was repealed in 1985. The 1985 elections were held on a non-partisan basis. The Supreme Court ruled that political parties have rights, after which Article 63A was added to the Constitution.
The Chief Justice remarked that whether Article 63A should be considered as a mere formal article, whether Article 63A is also related to the fundamental rights of political parties, whether Article 63A should be considered as mere showpiece article, whether Article 63A should also have an effect.
Justice Jamal Khan Mandokhel remarked that the constitution also gives the right to freedom of expression.
During today’s hearing, the arguments of Mansoor Awan, lawyer of the Supreme Court Bar were completed while the court directed the lawyer of Balochistan National Party to submit written submissions and adjourned the hearing of the case till Monday.