Imran Khan's lawyer Ali Zafar 'boycotts' SC hearing on his plea against Section 63(A) order

A collage showing PTI founder Imran Khan (left), CJP Qazi Faez Isa (centre) and PTI lawyer Ali Zafar. AFP/SC Site/File

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan's lawyer Ali Zafar on Thursday boycotted proceedings relating to a review plea against the Supreme Court's May 2022 order on Article 63 (A), which deals with the defection of legislators.

A larger SC bench headed by Chief Justice of Pakistan Qazi Faez Isa (CJP) is hearing the review plea filed by the Supreme Court Bar Association (SCBA).

The bench also includes Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Mazhar Alam Khan Miankhel and Justice Naeem Akhtar Afghan who replaced Justice Munib Akhtar.

The case concerns the top court's decision that votes by lawmakers that go against party policy would not be counted, and has been challenged by the legal body.

The 3-2 ruling effectively prevented lawmakers from going against their party's policies 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.

However, the SCBA, in its plea for review, argued that the decision was “contrary to and amounted to interference with the Constitution.”

During today's hearing, lawyer Zafar informed the court that he had met the PTI founder. However, the meeting did not have attorney-client privilege because police officers also attended.

The lawyer added that the incarcerated ex-prime minister has requested to appear in court himself and wants to raise certain arguments via a virtual appearance.

Reiterating the party's earlier opposition to the bench, he said the PTI founder maintained that the five-member bench to hear the said matter was not properly constituted and hence would not be part of the proceedings.

“If you announce a verdict, there will be a conflict of interest,” he noted.

An Overview 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.

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