The Chief Justice of Pakistan on Thursday called upon all the politicalparties to rise in defence of the Constitution and abide by the democraticvalues, reported 24NewsHD TV channel.
Taking up the hearing of the presidential reference seeking interpretationof Article 63(A), Chief Justice Umar Ata Bandial outrightly, while headinga larger bench, ruled out interference in administrative affairs. “We willsee the law,” he remarked.
Justice Umar Ata Bandial remarked that the votelink of each and every member of the NationalAssembly (NA) on the no-trust motion against the government would becounted, and that it would be an insult to a legislator if his or her votelink was not counted.
During the hearing of the presidential reference, seeking court’s opinionon Article 63-A of the constitution and the petition filed by the SupremeCourt link Barlink (SCBA), seeking court’s orderto the political parties to refrain from holding public gatherings in atense political atmosphere, Chief Justice of Pakistan (CJP) Justice UmarAta Bandial said now the only question was that of the term ofdisqualification of an MNA. “There is a detailed description of alegislator’s disqualification in Article 63-A,” the CJP added.
He stated categorically that the exercise of a democratic right by membersof the parliament (MPs) did not mean that routine life of the people wasdisrupted. The judge also made it clear it did not want to involve itselfin administrative matters.
“The court wants the political parties to defend the constitution anddemocratic conventions instead,” he emphasized.
A five-member larger bench of the apex court, headed by Chief Justice ofPakistan (CJP) Justice Umar Ata Bandial, is hearing both these cases.
Justice Ijazul Ahsan remarked that it was still unclear when voting on theno-trust motion would take place.
Attorney General of Pakistan (AGP) argued before the bench that the votelink by a member of the parliament (MP)without taking his or her party link intoconfidence did not count. “Every political partylink is independent in running its affairs,”he said, and added, “If Muslim League did not have the authority to run itsown affairs, Pakistan would have never been created.”
When Justice Jamaluddin Khan Mandokhel inquired from him whether there wasa mention of disqualification of an MP in Article 63-A, the AGP replied thearticle’s title was ‘disqualification’.
He went on to add that the MPs were bound to follow the partylink lines at the time of election of theprime minister as well as when they were going to votelink on the motion of no-confidence.
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He was of the view that ‘voice of the conscience’ being repeatedly said bythe PTI MNAs who had defected to the opposition parties in recent days wasa mere ‘eyewash’.
He recalled that the apex court had in one of its verdicts made theobservation that political parties were like an organisation.
The SC, on the occasion, also expressed its disappointment over the rulingPTI’s stick-wielding Tiger Force.
Justice Mandokhel remarked that if PTI had an armed group, should the courtallow the JUI-F to also let loose members of its ‘Ansarul Islam’ wing?
The AGP said that there could be no sit-in, as had been conveyed to thecapital city’s administration by the JUI-F, at the time of voting on theno-confidence motion.
He said that there could be no issues only if the JUI-F workers remainedpeaceful during their rally in Islamabad.
Hearing this, JUI-F’s lawyer, Kamran Murtaza assured the court that theparty’s rally as well as the sit-in would be peaceful.
Later, the court adjourned the hearing until tomorrow (Friday).
