The Supreme Court while hearing the presidential reference about open balloting for the upcoming Senate election on Wednesday sought opinion of the Attorney General for Pakistan regarding legal ban on parliamentarians for changing loyalties.
The five-member larger bench comprising Chief Justice Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi heard the reference.
During the course of proceedings, Justice Ijaz questioned whether it was legal for a parliamentarian to vote against the will of his/her party in the Senate elections. He also asked about the law that prohibited a lawmaker from voting for the senator as per own choice.
The AGP responded that he would inform the court about relevant provisions after ascertaining them.
The chief justice asked what would happen when a political party which had less presence in the assembly decided to vote for the candidate of another party and its own members went against the decision.
The AGP observed that the results of some decisions came later, saying Zulfikar Ali Bhutto was hanged as an assassin on April 4, 1977 but now he was a martyr. The truth always prevailed, he added.
Addressing the AGP, the chief justice said he was talking about honesty and loyalty. The members of parliament must be honest and there is no ambiguity in that matter, he observed.
Justice Ijaz said Articles 62 and 63 of the Constitution were available for those parliamentarians, who sold their votes. The attorney general said the government had filed the reference seeking the apex court's opinion regarding open balloting in the Senate election.
He expressed the opinion that the open voting could be held by amending the Election Act, but it would be challenged in the Supreme Court after the Senate election.
The people should know as to who had voted against the party as they voted for parties, not the candidates, he said adding that democracy was flourishing in the country and the government only wanted transparency in the electoral process.
"I am not in favour of disqualification of any member of the assembly as they are held accountable through ballot," he added.
The hearing of the reference was adjourned until Thursday.
With input from APP
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