Justice Ijazul Ahsan of the Supreme Court has emphasised the need to curb sale/purchase of people, saying that it jeopardises the future of 220 million citizens.
A larger bench of the apex court, headed by Chief Justice Umar Ata Bandial, on Tuesday heard the presidential reference regarding the interpretation of Article 63A of the Constitution related to disqualification of legislators over defection.
Justice Ahsan said that in democracies like Pakistan, those who lose elections are in quest of buying some lawmakers to topple the government and come to power.
The SC judge said that whenever someone joins a party, he gives an undertaking to abide by its discipline. “Violation of discipline in the pretext of Article 63A of the Constitution is dishonesty.”
Justice Ahsan also raised the question that when the defection of lawmakers was something wrong and dangerous for the democracy as well as the system, then how its benefit (vote counting) would be good. He, however, asked Pakistan Muslim League-Quaid (PML-Q) counsel Azhar Sidique to satisfy the bench on how the defecting lawmakers’ votes should not be included.
On the other hand, Justice Jamal Khan Mandokhail said that if any lawmaker was involved in corruption then there was mechanism to initiate the proceedings against him/her, adding that even the National Accountability Bureau (NAB) law would be applicable wherein a lawmaker would be disqualified from becoming a member of parliament for 10 years.
When PTI counsel Babar Awan cautioned the bench that if the court did not take action against defection, they would have no option except agitation and protest, Justice Mandokhail said that everyone including executive, parliament and judiciary is bound to obey the Constitution. “We being judges have taken an oath to protect and preserve the Constitution,” he said, adding that deviation from party policy could be in the interest of the country.
During the hearing, Awan said that the unanimously passed 18th Amendment launched a “surgical strike against the cancer of defection”.
The lawyer added that the apex court had unlimited powers to pass rulings that cemented law, stating that the court granted General Pervez Musharraf the power to amend the Constitution.
Justice Mandokhail said that some believe the judiciary should be independent while others believe it should be subservient to the Constitution. “Parliament, the judiciary and the executive should all be subservient,” he upheld.
Awan replied that only the judiciary must ensure all legislative branches were subservient to the Constitution.
PML-Q counsel Siddique contended that vote of defecting lawmakers could not be counted. Siddique also referred to the Charter of Democracy – a 36-point document signed by the PPP and the PML-N to support democracy. He referred to the specific clause of CoD wherein both major parties had vowed to end floor-crossing and horse-trading.
However, Justice Mandokhail observed that several parties disagreed with the CoD. “If they would have agreed upon it unanimously, it would have been a part of the Constitution.”
He said, “No one barred the party leaders from punishing defecting members. The leader is only required to specify that the member has defected.”
During his arguments, the PML-Q lawyer said that there would be departmental action against the perpetrators of corruption, including military action.
Justice Mandokhail upheld that such action would be inappropriate, “if horse-trading and corruption were proven, then action would be taken.”
Justice Mandokhail added that when two members of the PML-Q voted against the party, the party chief exercised his authority and did not take any action.
Siddique stated that if defection was permitted, then Article 63A of the Constitution was unnecessary.
Subsequently, the court directed Siddique to complete his arguments in 15 minutes and adjourned the hearing till 12pm today (Wednesday).
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