ISLAMABAD: The Supreme Court hearing of the Presidential Reference on the Senate election has entered in its decisive phase as the bench directed Senator Raza Rabbani to conclude his arguments tomorrow, ARY News reported on Tuesday.
A five-member bench of the apex court headed by Chief Justice Gulzar Ahmed hearing the presidential reference seeking the open ballot vote in Senate elections.
Chief Justice Gulzar Ahmed in his remarks said,” The enforcement of law with good intention is necessary as the law is completely blind and innocent. Implementation of the law with malicious intention causes problems.”
Justice Ijazul Ahsan observed that the entire procedure of the Senate election has been in the law and not in the constitution. “Inform the court the procedure in which the vote can be monitored without affecting the secrecy,” Justice Ijaz said. “If corruption takes place before the voting, then vote review is unnecessary,” the Justice said.
“It not always happens that a party’s majority in assembly could provide it same weightage in the Senate under the proportional representation,” Raza Rabbani said. “The number of seats could go up or down in the proportional representation system,” the counsel argued.
Justice Ijazul Ahsan said that the rules made under the constitution but the rules made under the election law have no constitutional status. Rabbani said that the Election Act also made under the command of the constitution. Justice Ijaz replied all laws born from the constitution. It is a fact that no law has been made for the presidential election. ” The Article 59 not saying that the election of the Senate will be held under the law,” Rabbani argued.
“The rules authorize the commissioner to issue instructions for the presidential election. Despite schedule 2, rules made for the presidential election,” Raza Rabbani said. “My point is, the Senate elections also held under the constitution,” the counsel stressed.
“The rules made under the constitution, the rules authorize the presidential election but the rules for the Election Act have no constitutional status,” Justice Ijaz said.
The court adjourned further hearing of the case till tomorrow (Wednesday).
