SC adjourns hearing on Presidential reference on Article 63(A) till Monday

SC adjourns hearing on Presidential reference on Article 63(A) till Monday


Presidential reference hearing on Article-63(A) adjourned till Monday

ISLAMABAD (Dunya News) – Supreme Court (SC) of Pakistan has adjourned till Monday hearing on Presidential Reference for interpretation of Constitution’s Article-63(A) on disqualification of elected parliamentarians and application of same on dissident lawmakers of Pakistan Tehreek-e-Insaf (PTI).

During the hearing, Chief Justice of Pakistan (CJP) Umer Ataa Bandial referred to the Holy Quran and said that there is severe punishment for those who breach trust. The CJP further remarked that the one who breaks trust is referred to as dishonest. Does a member submit any sort of declaration to adhere to the party discipline?, the CJP added.

Justice Jamal Khan Mandokhail asked whether any member of PTI has showed no-confidence in Prime Minister.

Justice Mazhar Alam said that while no member has deviated from the party line yet, the Govt has filed a reference beforehand. Justice Mazhar Alam also said as to how is it possible to convict a person even before him committing a crime?

Meanwhile, the CJP Umar Ata Bandial remarked that if there is democracy in a political party there is no need for invoking Article-63(A) and said that it is Attorney General who is supposed to explain the grounds leading to disqualification of Assembly member for life.

Earlier, larger bench of Supreme Court of Pakistan conducted hearing on presidential reference seeking interpretation of Article 63(A).

During the hearing, apex court had asked the Attorney General whether provinces should also be made party in the reference. AGP said that provinces has nothing to do with the no-confidence motion as no move has been submitted against any chief minister in the country.

However, the court issued notices to all provinces and political parties and remarked that it wants all parties to stand in defense of the constitution Chief Justice further urged all political parties to respect democratic values. CJP while directing provinces to submit their written replies said that conducting hearing on presidential reference will be easier after these replies.

Presidential reference

What was asked in presidential reference?

- Whether defected members can be prevented from vote under Article 63(A) for violating party policy?
- Will the vote of defected members be counted?
- Will the defectors be disqualified for life?