Politics
SC orders arrangements for meeting between Imran Khan, lawyer
A collage showing PTI founder Imran Khan (left), CJP Qazi Faez Isa (centre) and PTI lawyer Ali Zafar. Instagram/imrankhan.pti/SC website/Facebook/@GovtofPakistan/File
ISLAMABAD: The Supreme Court on Wednesday rejected Pakistan Tehreek-e-Insaf's (PTI) objection to the constitution of the bench to hear the review plea against the Section 63(A) ruling, issuing directions to the federal government to facilitate a meeting between incarcerated party founder Imran Khan and lawyer Ali Zafar.
“Arrangements should be made for a meeting between the lawyer [Ali] Zafar and the founder of PTI,” Chief Justice of Pakistan (CJP) Qazi Faez Isa said while hearing the Supreme Court Bar Association (SCBA) petition challenging the apex court’s previous decision on the defection clause.
The bench, constituted a day earlier due to the “unavailability” of Justice Munib Akhtar, also includes Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam Khan Miankhel and Justice Naeem Akhtar Afghan .
The body of lawyers had challenged the supreme court against its verdict of May 2022 in which it declared that the votes of dissident deputies, expressed against the directives of their parliamentary party, could not be taken into account.
During today's hearing, PTI lawyer Mr Zafar argued that the party's founder, who is also a former prime minister, was one of the petitioners and should consult on key aspects of the case.
“Please allow me to consult the PTI founder on this matter,” the lawyer requested, explaining the need to discuss the legal points with his client.
In response, the Chief Justice pointed out that counsel should have raised this request during yesterday's proceedings, as the court could have issued a consultation order at that time.
Nonetheless, the Supreme Court approved lawyer Zafar's request, allowing him to meet the incarcerated party leader, currently detained in Adiala jail.
Court rejects objections to judiciary
Besides, the PTI lawyer also raised objections to the constitution of the five-member bench to hear the case and said the bench was not in accordance with the law.
“The law stipulates that a commission of three members will constitute a panel,” said Mr. Zafar, adding that there is no provision regarding the possibility of two members forming a panel.
The arguments refer to the absence of Justice Mansoor Ali Shah from the committee of judges charged with constituting courts for the cases.
The current judiciary was created, as the CJP stated, after finding itself without the possibility of including Judge Afghan in the judiciary.
As the lawyer insisted that he wanted to read Justice Shah's letter that he had written on the inclusion of Justice Amin-Ud-Din in place of Justice Akhtar, the Chief Justice ordered him to read only the paragraph concerned.
“If you read this letter, you must also read his response [….] You want to embarrass the judges here,” remarked CJP Isa.
Dismissing the PTI's complaint in the court, the apex judge said: “It is our unanimous decision to reject the objections on [constitution] from the bench. »
The court then adjourned the hearing until 11:30 a.m. tomorrow.
The saga of defection clauses
The issue in question owes its origin to a reference filed by the Pakistan Tehreek-e-Insaf (PTI) government in the SC in 2022, seeking the apex court's opinion on Article 63(A) aimed at curbing the menace of defections, to purify the electoral process and democratic accountability.
The court, by a 3-2 verdict, then announced the verdict against the defections and barred the lawmakers from going against their party's political lines when voting in Parliament.
Three judges of the time, CJP Umar Ata Bandial, Justice Ijazul Ahsan and Justice Munib, had voted in favor while Justices Mandokhail and Mazhar disagreed with the verdict.
The SCBA filed a plea asking the apex court to reverse its opinion on the paragraph of the verdict regarding non-counting of dissenters' votes by revising the interpretation made on May 17, 2022. It argued that the dissenters should only be removed from their seats that but their votes are supposed to be counted in accordance with the Constitution of Pakistan.
“The Supreme Court’s view that the voices of dissenters are not taken into account is contrary to the Constitution and amounts to interference therein,” the SCBA said in its plea.
Importance of Section 63(A)?
Article 63 (A) of the Constitution of Pakistan deals with defection of parliamentarians.
According to the article, a lawmaker can be disqualified on the ground of defection if he votes or abstains from voting in the House contrary to any instructions issued by the parliamentary party to which he belongs.
However, this is limited to three cases where they must follow the party's instructions:
Election of Prime Minister or Chief Minister; Vote of confidence or vote of censure; Finance bill or Constitutional (amendment) bill.
According to this article, the party leader is required to submit a written declaration attesting that the MP concerned has defected.
However, before submitting the declaration, the party leader must give the MP concerned an opportunity to explain the reasons for his defection.
Then, the party leader will forward the written statement to the party president, who will in turn hand it over to the Chief Election Commissioner (CEC).
The CEC will have 30 days to confirm the declaration. Once confirmed, the MP concerned will no longer be a member of the House and his seat will become vacant.
Sources 2/ https://www.thenews.com.pk/latest/1236019-cjp-isa-led-bench-begins-hearing-petition-against-defection-clause-ruling The mention sources can contact us to remove/changing this article |
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