Horse-trading sign of weak democracy: SC

Apex court asks AGP various questions with regard to Senate elections

ISLAMABAD:

During hearing of a presidential reference seeking the apex court’s view about holding the upcoming Senate election through open ballot, a member of the bench on Wednesday noted that role of money in politics emerged as democracy did not flourish in the country.

“There would be no role of money in politics if democracy continued to flourish,” Justice Ijazul Ahsan said in an apparent reference to a horse-trading video that surfaced on Tuesday.

The video that dates back to 2018 showed a man handing over large sums of money, reportedly Rs20 million, to various K-P Assembly lawmakers from the ruling PTI as well as some other parties for voting in favor of the PPP candidates ahead of the last Senate elections.

In the video clip, made through a hidden camera, K-P incumbent Minister for Law Sultan Muhammad Khan and another person Sardar Idrees could be seen counting the money and signing an undertaking.

During the proceedings, Chief Justice Gulzar Ahmed, who presided over the five-judge larger bench, asked Attorney General for Pakistan (AGP) Khalid Javed Khan if people vote for a party or its manifesto.

AGP Khan said mostly the people vote for a party due to the charisma of its leader, but in principle they should vote for a party and its election manifesto. Justice Ahsan remarked that vote is usually given to a party and not an individual candidate.

The AGP said the people of India had rejected prime minister Indra Gandhi when she violated the Constitution. The people reject parties when they fail to fulfill their election promises, he added.

Justice Ahsan said the publication of a party's election manifesto is also a legal requirement.

The AGP said the Constitution mentions political parties but they are regulated under the law. “A mention in the Constitution does not mean that the political parties are formed under the Constitution.”

Justice Umar Ata Bandial, another member of the bench, said the procedure for the election of the National Assembly speaker and deputy speaker is mentioned the rules of procedure. “So whether the elections for speaker and deputy speaker are held under the rules or under the Constitution?” he asked.               

The AGP said the Election Commission of Pakistan (ECP) does not conduct the election for the NA speaker and deputy speaker.

“It is asked as to why the election for Senate chairman is not held through open ballot. If the court declares that the polls for the Senate chairman is not held under the Constitution than it will be held through open ballot. However, the election for the Senate chairman is held under the Constitution.”

 Talking with reference to the Senate election, the AGP said a voter does not enjoy absolute freedom.

Addressing the AGP, Justice Bandial said he was giving references of the Indian Supreme Court verdicts but no secret ballot clause like Article 226 was present in the Indian Constitution.     

The AGP said the Indian Constitution separately explains if an election should be held through secret ballot or not. “Article 226 does not state that all elections under the Constitution would be conducted by the secret ballot,” he added.             

The chief justice asked the AGP if the makers of the Constitution were unaware of the Senate election.

The AGP said the buying and selling of votes, which exists today, was non-existent in those days. “In 1973, they were unaware that the bags stuffed with money would change hands,” he added.    

The bench later adjourned the hearing of a presidential reference till Thursday [today].