ISLAMABAD – A five-member bench headed by Chief Justice of Pakistan Umar Ata Bandial is hearing the presidential reference seeking interpretation of Article 63-A of the Constitution that deals with the disqualification of lawmakers over defection.
The other members of the bench include Justice Ijaz-ul-Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhel.
During Monday’s hearing, the top judge had hinted at constituting a larger bench to hear both matters together.
Earlier in the day, the Supreme Court Bar Association (SCBA), which has moved the apex court to seek restraining order against the government’s intentions of barring PTI lawmakers from casting vote on the no-trust motion against Prime Minister Imran Khan, submitted a written reply in the case.
Citing Article 95 of the Constitution, the lawyers’ body argued that the lawmakers’ votes “cannot possibly be construed as a collective right of a political party”.
It added that the Article 63-A “control, restrict or limit the right of MNAs to participate in a vote of no-confidence against the prime minister”.
“Any limitation on the MNAs’ right to participate in proceedings under Article 95 of the Constitution, in addition to the consequences envisaged by Article 63-A of the Constitution, would be against the express constitutional command. Moreover, to restrict the right of MNAs to vote in proceedings under Article 95 of the Constitution would also amount to restriction on the citizens’ right to be governed by a truly representative government,” the SCBA said.
After Monday’s hearing, the Supreme Court in its order said: “Our attention was drawn to the order issued by the Speaker in this regard, but we are not inclined to take up this matter as it was collateral to the questions of constitutional interpretation raised before the court not only in terms of the SCBA petition but also the reference moved by President Dr Arif Alvi in terms of Article 186 of the Constitution”.
“In any event, for such matters the Constitution envisages a remedy before parliament itself,” it added.
Meanwhile, senior Supreme Court judge Justice Qazi Faez Isa raised objection over the CJP’s decision to hear the SCBA petition and the presidential reference together.
In his three-page letter to CJP Bandial, he pointed out that the SCBA petition under Article 184(3) of the Constitution cannot be heard together with the presidential reference under Article 186.
He also expressed concerns over the composition of the five-judge bench, stating that the judges who are 4th, 8th and 13th in seniority list of the court have been made part of the bench.
The letter said that previous practice has been discarded while forming the bench, adding that it may have adverse consequence for the institution.
