ISLAMABAD - The Islamabad High Court on Monday sought details of National Assembly and Senate proceedings regarding legislation on the Election Act 2017.
IHC judge Shaukat Aziz Siddiqui sought the record while hearing a petition challenging the amendment to the oath of Khatm-e-Nabuwwat (PBUH) in the Election Act 2017.
During the hearing, Babar Awan and Dr Muhammad Aslam Khaki assisted the court as amicus curiae while Syed Muhammad Iqbal Hashmi also assisted the court on the petition moved by Maulana Allah Wasya through his counsel Hafiz Arfat Ahmad Advocate, challenging the amendment.
Justice Siddiqui has directed the National Assembly and Senate Secretariats to submit stating when a decision was taken to enact the Election Act, 2017 and by whom, who prepared the Draft Bill and particulars of the Committee and who accorded approval to the Draft Bill.
The judge said that on what date the Federal Cabinet assented to present the Bill in the National Assembly and whether the Bill was carried after some deliberations or without this exercise and the total number of members in the House when the Bill was tabled and the number of lawmakers who voted for and against the Bill.
The IHC Bench asked whether an amendment was proposed in the draft Bill prior to placing before both the Houses of Parliament and if so, by whom and if the amendment was proposed, was it carried out or not.
It has also sought what was the result of the proposed amendment?.
The Bench has also sought the date when the final amendment was introduced and approved by the Parliament.
Justice Siddiqui directed the Parliamentary Secretaries to cooperate with the Deputy Attorney General and also provide the extract of proceedings of both the Houses in sealed envelopes for a court perusal.
The petitioner has been arguing that an amendment was made in the Election Act 2017 regarding the oath of Khatm-e-Nabuwwat (PBUH) that was nullified through another amendment after a hue and cry of the entire nation on October 19, 2017 through which Sections 7B and 7C of the conduct of General Elections Order, 2002 have been revived whereas all other laws repealed through the Act of October 2, 2017, still remain repealed and through an illusion, effort has been made to satisfy the citizens of Pakistan.