SC to resume presidential reference hearing on May 9

PML-N's senior counsel Makhdoom Ali Khan to present his arguments after Eid holidays

ISLAMABAD:

A five-judge larger bench headed by Chief Justice of Pakistan Umar Ata Bandial hearing a presidential reference seeking its interpretation of Article 63-A will resume its hearings after Eid on May 9.

The five-member bench hearing the presidential reference — filed by the PTI government before its ouster — is headed by CJP Bandial and comprises Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Mandokhail.

Pakistan Muslim League Nawaz’s counsel Makhdoom Ali Khan will present his arguments.

On April 22, when the hearing was adjourned last time, Makhdoom Ali Khan had contended that by calling upon the SC via presidential reference to give its opinion under its advisory jurisdiction in tandem with a petition moved under Article 184(3) of the Constitution on the same lines, it seemed that the head of the political party concerned was seeking another opportunity to press its case.

He pointed out that none of the members against whom the reference was intended were made respondents nor were notices issued to them.

Referring to a suggestion by PTI’s counsel that the apex court’s “purposive interpretation” would translate into discounting the vote of a defector, Mr Makhdoom argued that no such prayer was made either in the reference or the PTI petition.

He observed that praying the apex court through the reference to invoke Article 63A was in effect meant bypassing the requirement of Article 239 of the Constitution – which deals with constitutional amendment.

Therefore, he argued, if the apex court came up with lifetime disqualification for defection and rules that a defecting member’s vote must not be counted, the court’s opinion would virtually supersede the constitutional amendment.

“The court can decide political cases, but not political questions.”

During the hearing, CJP Bandial had acknowledged that the apex court was tackling a very important question – posed to it in the reference – and wondered whether the court would remain beholden to the question or rephrase it.

After PTI’s counsel Ali Zafar concluded his arguments, the court adjourned the hearing and decided to meet after the Eid holidays, on May 9.