Supreme Court Bar Association (SCBA) president Kamran Murtaza told the Express Tribune on Tuesday evening that the proposed judicial commission seems to contradict Article 225 of the Constitution.
According to Article 225 “No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of Majlis-e-Shoora (Parliament).”
Attorney General for Pakistan Salman Aslam Butt said that he did not know when the government would formally submit a request to Chief Justice of Pakistan for formation of the commission since he was in Lahore on Tuesday. When asked to comment about the legality of proposed commission, he refused to give reply by saying that he will talk over the issue on Wednesday.
SCBA president Murtaza though maintained that the Supreme Court has no authority to probe election rigging in view of Article 225 of the Constitution. “I think the government did not consult legal experts before this announcement.”
A senior lawyer belonging to Pakistan Muslim League-Nawaz said that the Terms of References (ToRs) of the proposed commission will be key in deciding the legality of commission.
Senior lawyer Tariq Mahmood believed that the proposed commission was not a solution out of the prevailing political controversy.
“There are more than 1,000 constituencies in the country and it will be very difficult for the judicial commission to collect evidences in every constituency and quickly present its findings.”
Another lawyer, Azhar Saddique, was of the view that before the commission is formed, the Representation of People Act 1976 would need amendments.
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@H Chaudhry: Then Nawaz is the bigger idiot for caving in.
This illustrates the undemocratic behaviour of Imran Khan. There was never a legal basis for the government to conduct an investigation into the four constituencies. Perhaps the only way such a probe would be possible would be to have the constitution amended in the Parliament, but who cares about democratic means when one can display street power?
Basically Nawaz Sharif is trying his best and utmost to decieve and to refrain Imran Khan and Tahir-ul-Qadri from combined long march because he is feeling and seeing his last breaths taking government this is why he is giving baseless and false statements to show his honesty and sincerity hypocritically in the talks with Imran Khan.....
Basically Nawaz Sharif is trying his best and utmost to refrain Imran Khan and Tahir-ul-Qadri from long march because he is feeling and seeing his government's last breaths and for this purpose using baseless and false statements but shall fail.....
@Sami The speech is far from useless. It brought the truth in front and he "asked" Judiciary to take a step. The ball is in its court and this way NS has very easily placed the onus on Imran since his demans are so illogical.
@ayaz:
Nawaz cannot understand anything unless you serve him paya first. He probably didn't even know what he was saying since everything is written for him by his speech writer. Nawaz just opens his eyes wide and pretends to be innocent and "performs" like a actor in a Lollywood movie.
Few advisers of PM has encircled him and give him stupid ideas. Why PM did not consulted political leaders before this useless speech, may be they could give him good advice. Actually kings don't listen to other. Mr. Sharif if you don't open route of long march your government will not remain and you don't have any right to rule.
Excatly! Shows you that even NS cave in to IK'd demands, they were silly and stupid to begin with.
So it was just eye wash by PM?
So basically our PM has no clue about the legality of his own statement. Bravo!!
Some one should tell all that too Imran Khan too that solution to all his troubles also lies with election tribunals on which he has lost trust. If he has no trust on courts then clearly there is no other constitutional option left.
One can't really act on whims and wishes of someone while completely disregarding law and constitution.