ISLAMABAD - The Supreme Court of Pakistan on Friday said that the only honourable way for the defectors was to tender their resignations and go home.
A five-member bench of the apex court headed by Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial conducted hearing of the Presidential Reference for interpretation of Article 63A of the Constitution.
During the hearing, Justice Muneeb Akhtar said that the honourable way out for dissident lawmakers is to resign and go home. Makhdoom Ali Khan then said that what will happen if the members disagree with the party on the money bill and resign? Whether the government would not lose majority to pass the bill?
The PML-N counsel Makhdoom Ali Khan stated that disloyalty to the party was different from disloyalty to the state. He explained that the members may disagree with the party’s decisions for a number of reasons. He added that a member may particularly feel that the PM has become a person who is not able to lead the country, the tax law is black law, and that a constitutional amendment bill is bad.
The counsel argued that on the advice of the ex-PM Imran Khan, Presidential Reference was filed under Article 186 of the Constitution, asking the court to decide that a member, who has committed defection, stands disqualified for life or to the term of the assembly. He said that the same person (Imran Khan) later on, filed a constitutional petition under Article 184(3) of the Constitution with the prayer to declare that any sort of defection by the members of the National/Provincial Assemblies would amount to imposing a lifetime ban from contesting election.
The chief justice said that one aspect of the advisory jurisdiction is to answer the important questions raised in the Reference. He also said, “We like to know what is (our) jurisdiction to see through?” “Are we the prisoners of the words used in the Constitution or have power to change them?” He further said, “We are a nascent democracy and we all have to make efforts to take the country to the path of mature democracy. It happens when debates take place.” PML-N lawyer said that a beleaguered PM, who appeared to have lost the majority in the National Assembly, filed the Reference when the motion of no-confidence vote was submitted against him. He said that the timing is so important.
The chief justice said that what we can hope from our conscience is to do what is right and in accordance with the Constitution, and pray for the benefit of the people of this country. PML-N lawyer said that in the no-confidence vote against the ex-PM Imran Khan, no MNA from the other side (PTI) voted contrary to the party direction. He said that the Reference has not survived the time. The CJP said that with the passage of time some events have taken place.
PTI’s lawyer Ali Zafar, during his arguments, contended that a member who commits the acts prescribed in Article 63A contrary to the directions issued by the parliamentary party to which he belongs, then the person would be breaching the trust reposed in him by the people who elected him and the parliamentary party to which he belongs.