SC larger bench to hear presidential reference

Reference seeks lifetime disqualification for party defectors

ISLAMABAD:

The Supreme Court on Monday formed a larger bench to hear a presidential reference through which President Dr Arif Alvi has sought court’s opinion on Article 63(A) of the Constitution.
Judges, who would constitute the bench, will be disclosed later. Senior lawyers believe that the

composition of the larger bench would play a significant role in deciding the presidential reference. The bench is likely to take up the reference for hearing on March 24. The article deals with the disqualification of parliamentarians over defection.

The reference was submitted by Attorney General of Pakistan Khalid Jawed Khan. The court issued notices to all major parties on the presidential reference as a larger bench would be expected.

Through the reference, the government has sought the apex court’s advisory on the measures and steps to be “taken with existing constitutional and legal framework to curb, deter and eradicate the cancerous practice of defection, floor crossing and vote buying”.

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“That if the constitutional disapproval and prohibition against defection is effectively enforced with deterrence for the future as well, many such members shall stand disqualified for life under Article 62(1)(f) and will never be able to pollute democratic streams.

“Such a robust and purpose-oriented interpretation of Articles 62 and 63A by this Hon’ble Court would advance a highly desirable constitutional goal by shutting the doors of Parliament for habitual turncoats…”

According to the reference, the "most suitable and appropriate disqualification for a declared defector is disqualification for life as provided under Article 62(1)(f). Such members must never be allowed to return to parliament nor their tainted votes be counted in any constitutional or democratic exercise".

The court has yet to issue a written order on Monday's hearing. The chief justice has made it clear that the voting process would not be delayed on account of pendency of the presidential reference.