The order came on Monday as Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of a petition filed by Pakistan Tehreek-e-Insaf Chairman Imran Khan, requesting the apex court to block by-elections until the Election Commission of Pakistan prepares corrected electoral rolls that do not list bogus voters.
The court struck down the memberships of those MPs who were elected through by-polls after the 18th amendment, saying that they will remain suspended until the 20th amendment is passed which will provide constitutional protection to them. Once the amendment comes into being, their memberships will be revived.
“We are disappointed. The parliamentarians should themselves have refused the perks and privileges, saying the parliament was yet to legitimise their election,” the CJ said.
He said that the court had shown much restraint in the matter as, since the 18th amendment was passed, it had been pointing out that the election commission was not constituted according to constitutional rules but no progress was made.
Among the suspended members are 16 provincial assembly members, nine National Assembly members and three senators. MNAs include Jamshaid Dasti and Awais Leghari, while Senators include Finance Minister Abdul Hafeez Shaikh and Petroleum Minister Dr Asim Hussain.
Meanwhile, the court rejected Imran’s appeal to the court to stop by-elections until new rolls are provided by the ECP. The court said that the National Database and Registration Authority had assured that, by the stipulated deadline of February 25, it will be able to provide fresh voters list to the ECP to conduct polls in the required constituencies.
The court said it will not disallow the ECP from conducting the by-polls and had never passed such an order. “Our earlier order was misconstrued and press conferences were held to condemn the verdict. The court had only directed that it must be ensured that voters lists are transparent and complete, which is a constitutional requirement,” the CJ said.
Punjab Assembly bars entry for suspended members
Shortly after the verdict, Punjab Assembly Deputy Speaker Rana Mashhood Ahmad Khan has said that those eight members who the Supreme Court has suspended will be barred from attending Monday’s session.
“Although a notification has not been received yet from the ECP, the court’s ruling itself is to be implemented,” Mashhood said.
Of the members suspended from the Punjab Assembly, seven belong to the Pakistan Muslim League-Nawaz and one to the Pakistan Peoples Party.
Those belonging to the PML-N are Mian Muhammad Ajmal Asif, Basit Ahmad Sultan, Sardar Mir Badshah Qaiserani, Malik Saiful Mulook Khokhar, Ejaz Ahmad Kahloon, Malik Ghulam Raza and Khizer Hayat Shah Khagah. The PPP MPA is Ahmad Mujtaba Gilani, who is the younger brother of Prime Minister Yousaf Raza Gilani and was elected from Vehari district. Sultan, who was elected from Muzaffargarh as an independent candidate, later joined PML-N.
COMMENTS (31)
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@All,
Please accept it, there is no one to whom we can vote other than Imran Khan. If you have anyone, please let me know as well !!
Am I missing here something or what. It looks like all the fan club members are too excited to even comprehend the basis of this judgement. Actually they even forgot to see the rejection of IK's petition today pleading the suspension of by-elections due to bogus voter lists rather they are claiming it to be a landmark judgement.
@Maryam - IK is preparing for 2013. People deserve fair elections more than the parties.
@Colonel - I thought you et al were part of an intelectual group, sorry mate your comments don't come across very convincing.
It only takes one leader to change a nation, whether the outcome is good or bad, only time will tell. Now is the time to offer a chance to that leader, Imran Khan.
@Maulana tharra: You are right. However, if we go technical then the whole national tarana of Pakistan is in Persian not Urdu! Our quomi tarana is written in a foreign language! Regards, Mirza
@vasan:
Excellent point , about the Salary and Luxury enjoyed by these Fake parliamentarians
@Zulfiqar: Its secret :)
@major-ji:"In Urdu it is said, DER AAYED DRUST AAYED”"
It's Persian.
@Muhammad: I'm not a PPP member but it's very very important for a "democratically ill" country to Don't break the Glass every time until you finish the medicine(the Tenure) for any God forsaken reason in the universe. We must understand its not the Law that's in danger(laws are being broken & made around the world on short notice from Day-One) instead its the Fragile Glass of democracy that's very hard to repair. I request all Law-Lovers to know this: A Court's Existence is because of Democracy and not the other way around. If court could produce democracy it would have been very easy for any country to hire Judges and have a nice democratic system. We see time and again that the blind Logic of Courts is being used more to bring down the democracy than to give birth to it. We also must know the Legal System can be "manipulated" by smart moves to get back at someone, humiliate, sabotage or simply stop him from going forward to "gain time", self-recognition, or any dark schemes for many personal gains later. Besides! A completed Tenure is good and not bad for all future aspirants who have the wisdom.
A Quote of Iqbal: "Nahin Iqbal na-umeed apni Kasht-e-Viran say Zara num hoto ye Mitti bari Zarkhayz hay Saqi"
In Urdu it is said, DER AAYED DRUST AAYED" Though it is bit late but still it is big break through. In fact the whole elections were conducted on Bogus Votes and Imran Khan at some stage did point it out. Also reminds me Zia referendum. When Mr A went to cast vote Mr B had already done it for Mr A five times and presiding officer knew it. This game of election on Bogus Botes is going on since long. Apparantly it seems Surprem Court is now using brakes to stop it. Let us hope it is done in good faith and not to give a jolt for some political or other rivalry.
@Colonel: Sir can you please tell me who you will vote this elections and why ??
Imran Khan your contributions for the REAL democracy will be remembered forever.
"CJ Khan dee akhree umang hei" keeps proving right over and over again!
we love Chief Justice Iftikhar Muhammad chaudhry!
@Maryam: we have had enough of this NRO based democracy which has brought Pakistan to its knees
for GOD sake! stop supporting this government period
Meddling, meddling, too much meddling into matters public mandates by non-elected people.
I think it is a right step by the CJP. He should also look into the bogus degree certificates submitted by the MNAs and cancel their membership and recover all the salary and perks paid to them.
I cannot understand the mindset of Imran Khan. I mean if he has boycotted the 2008 elections on one or other pretext, why is he middling in the bye-elections etc. He should prepare himself for a free and fair elections in 2013 and leave this parliament to complete its tenure. This will be good for him and this will be good for the democracy.
I seriously question and wonder if members sitting in parliament were not aware of the bogus votes which number over 30% of total votes?. Logically they elected Senators also so their legitimacy is questionable also
good initiative by the great Khan!
A good step.
This is such a great development, maybe the first time in out country's history that the SC is ensuring that democracy remains untainted. This is called 'saving democracy', I'm looking at you Mr. PM
Excellent time and excuse for them to join PTI
PTI has been the only party struggling for free and fair elections so that we can have genuine democracy, not this NRO plus bogus parliament.
And the so called democracy lovers will defend bogus lists and attack SC.
Although it is a correct decision based on the facts and circumstances, however, this will be used by the "champions of democracy" to criticize the judiciary and try to tarnish their image, because this is the only answer that they have.....
Excellent step by the SC. It is ridiculous to allow elections on the basis of votes which are bogus/fake TO BEGIN WITH.
It would have been very appropriate if this BOGUS vote issue had been decided before the elections 4 years back but now that we know those elections were also rigged (read NRO-fied) by GHQ, its good to take a timely step now.
The people sitting in parlianment now are NOT our representatives. They simply represent the BOGUS votes.