The apex court has delisted the presidential reference on the adjournment application filed by Deputy Attorney General Chaudhry Aamir Rehman for the reason that the appointment of attorney general for Pakistan is awaited.
Khalid Jawed Khan had quit from the post of attorney general for Pakistan on Sunday, following the ouster of Imran Khan as the prime minister of Pakistan through a vote of no-confidence in the National Assembly.
According to a notification issued by the Supreme Court registrar on Monday, “It is notified for information of all concerned law officers/advocates general/prosecutors general/advocates/advocates-on-record and litigant public that the constitutional petition No 2/2022 along with reference No 1/2022 before larger bench, comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail, has been delisted.”
Earlier during the day, the Pakistan Tehreek-e-Insaaf (PTI) had requested the Supreme Court to form a full court to hear the presidential reference seeking interpretation and scope of Article 63-A of the Constitution, regarding the disqualification of dissident PTI lawmakers.
Senior Advocate Babar Awan drafted the application and prayed to the apex court that the presidential reference be placed before a full court and include all the judges of the SC for the determination of questions raised.
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“This CMA be allowed to uphold the dignity of all the constitutional institutions of Pakistan and to meet the ends of justice,” the application read.
A five-judge larger bench, headed by Chief Justice Bandial was set to hear the matter on Tuesday (today). Later, however, the SC issued a notification, delisting the presidential reference.
On Sunday, the SC fixed April 12 for the hearing of the presidential reference seeking interpretation and scope of Article 63-A of the Constitution.
Through the reference, the government 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.
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