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Punjab bans public gatherings in Lahore ahead of Saturday's Imran Khans party protest

Punjab bans public gatherings in Lahore ahead of Saturday's Imran Khans party protest
Punjab bans public gatherings in Lahore ahead of Saturday's Imran Khans party protest

 


Relief for govt as Pakistan's top court rejects 2022 ruling on lawmakers' defection clause

ISLAMABAD: Pakistan's highest court has unanimously accepted a review petition against its 2022 ruling linked to a defection clause in the constitution that barred lawmakers from voting against party lines in Parliament, with the ruling expected to bring a major relief to the government as it plans to introduce a series of constitutional amendments in Parliament.

Pakistan's highest court ruled in May 2022 that votes cast by lawmakers opposed to their parliamentary party in four cases mentioned in Article 63-A of the constitution would not be counted and that the lawmaker found guilty of this could result in disqualification from membership of Parliament. These four cases include elections of a Prime Minister and a Chief Minister, a vote of confidence or no confidence, a Constitutional Amendment Bill and a Finance Bill.

Pakistan's ruling coalition government plans to introduce a series of constitutional amendments in parliament that lawyers, opposition parties and independent experts say are aimed at increasing the government's power in appointing key judges and to face the defection of legislators during votes in the House.

However, the government postponed its decision to table the amendments last month, admitting that it did not have the two-thirds majority in Parliament required for their approval. Jailed former Prime Minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) party has warned that if the Supreme Court overturns its 2022 ruling, it would pave the way for a party switch in Parliament.

I strongly condemn this, I have just learned that the decision of [Article] 63-A was issued, former president and PTI leader Arif Alvi told reporters, soon after a five-member bench of the apex court headed by Chief Justice Qazi Faez Isa accepted the request for review.

What was the need for this? They just want to pass these amendments through this fake assembly which was rejected even by Maulana Fazl-ur-Rehman, who cannot even pass a law let alone an amendment, he added.

UNCONSTITUTIONAL AND UNJUST

Khan's lawyer in the case, Ali Zafar, had opposed the formation of a five-member bench and requested to meet the former prime minister in prison.

Khans PTI accused the government of trying to grant a term extension to Isa, who is widely seen as aligned with the ruling coalition and opposed to his main rival, the PTI, through the constitutional amendments.

The government denies these allegations and says the amendments aim to bring speedy justice to thousands of litigants in the country.

Zafar subsequently boycotted court proceedings on Thursday, saying the decision would open the door to horse-trading in Parliament.

Pakistan's coalition government has criticized the Supreme Court's 2022 ruling, with Information Minister Attaullah Tarar saying last month that it amounted to rewriting the constitution.

Tarar had argued that no institution has the right to interpret the constitution as it wishes.

The Supreme Court finally admits that its previous ruling on Article 63-A was unconstitutional and unjust, the ruling Pakistan Muslim League-Nawaz (PML-N) wrote on social media platform X.

They corrected the mistake made by the selected judges.

Sources

1/ https://Google.com/

2/ https://www.arabnews.pk/node/2573776/pakistan

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