SC fixes April 12 for hearing of presidential reference

Govt seeks advisory on steps against defection, floor crossing and vote buying

ISLAMABAD:

The Supreme Court has fixed April 12 for the hearing of the presidential reference seeking interpretation and scope of Article 63A of the Constitution.

A five-judge larger bench led by Chief Justice of Pakistan Umar Ata Bandial and comprising Justice Ijazul Ahsan, Justice Mazhar Alam Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail will take up the presidential reference.

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

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 the 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 a 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".

Attorney General for Pakistan Khalid Jawed Khan has already argued the case. When the hearing was adjourned last time, Pakistan Muslim League Nawaz (PML-N) attorney Makhdoom Ali Khan was arguing the matter. The bench issued notices to major political parties as well.