Article 63 (A): PML-N lawyer seeks sending back Presidential Reference

ISLAMABAD: Pakistan Muslime League-Nawaz lawyer Makhdoom Ali Khan in his arguments before the Supreme Court on Wednesday called the court to send back the Presidential Reference over Article 63 (A).

A five-member bench of the apex court headed by Chief Justice Umar Ata Bandial hearing arguments over the presidential reference seeking the court’s opinion over Article 63 (A).

PML-N lawyer argued that the reference is non-maintainable and the court was not legally bound to hear the presidential reference.

“The reference from the president heard out of respect to the office,” Makhdoom Ali Khan said. “The question in the reference is political and not legal,” he argued.

“It is not appropriate to get answer of every question from the court. The government wants more relief than what is written in Article 63 (A),” the lawyer said.

“Sometime it is more appropriate to appeal the people instead to the court,” PML-N counsel said. “The words like ‘Trust’ ‘Distrust’ used to create sentiments in the court,” he argued.

“The President has asked the court, how to prevent the horse trading. The court opinion over the question on horse trading, will not be an opinion on the question, but it will be equal to make constitution,” Makhdoom Ali Khan said. “The president didn’t seek opinion of the court over the procedure to halt the horse trading,” he argued.

“The reference also cites trading in the senate election,” PML-N lawyer said.

“Article 63 (A) clearly says that defection from the party will be unconstitutional,” Chief Justice Bandial remarked. ” It seems from your conversation that defection from party is not bad,” CJP said. “Perhaps I didn’t communicate my contention,” Makhdoom Ali Khan said.

“A point of view says defection from the party is part of the democracy, another opinion says a deliberate deviation from the party line is betrayal,” Justice Ijazul Ahsan remarked. “Article 63 (A) calls the defection from party as an unfair act. “The question is, if the defection is as much wrong which could be punished with lifelong disqualification,” Justice Ahsan questioned.

“According to the president wrongful deeds happened in the senate election. President and Prime Minister were aware about the horse trading but they didn’t act over it,” PML-N lawyer said.

“In senate election the member have to cast vote as a voter, casting vote for money in the senate election is also a crime,” Justice Munib Akhtar said.

“In Article 63 (A) the party chief can give declaration with regard to defection. ” There is no reference about disqualification without hearing the member,” Justice Jamal Mandokhel remarked. “My argument is, the consequences of Article 63 (A) could not go beyond, what is in the constitution,” the lawyer said. “I am agreed with the observation of Justice Ijazul Ahsan,” he said.

“Horse trading also happened earlier, what acts taken,” the chief justice questioned. “The defectors used to be taken back in parties, it is likely that the party gives pardon to the member who voted against the party line,” Justice Bandial said. “The court is for enforcement of the constitution, to make the article of the constitution effective. The supreme court has to intervene if the system is weak,” the chief justice observed.

“It is not necessary that defection from party based on immorality and corruption,” PML-N lawyer said. ” Defection from a party can be happened for a noble cause,” he argued. “The history has turned the politics into a bad word. Defecting member will give reply to the show cause notice of the party’s chief and if the party head will be satisfied the show cause will be taken back,” Makhdoom Ali said.

“Perhaps the court’s opinion could not satisfy political issues. The opposition also taken into loop over political matters in the UK,” the lawyer further argued.

The lawyer also pointed out the timing of the presidential reference. The President has filed the reference after the no-confidence motion, he said.

“According to the constitution, the session required to be summoned within 14 days after the no-trust motion filed,” he said.

“I am only delineating facts and not talking politics. The judges shall not be influenced by the outside matters,” he said. “The questions not asked from the court in space, the court has to look into the time and circumstances when the questions asked.”

“Do you think the hearing have influence over political matters. Are you want to say that the court should not use its advisory powers in present circumstances,” Chief Justice questioned.

Justice Jamal Mandokhel said that Article 63 (A) will be invoked after the member’s casting vote. “How the President knew that the government members are going to defect,” he questioned. “The PTI counsel could reply this question,” Makhdoom Ali Khan said.

“The questions asked in the reference are based on hypotheses and rumours,” PML-N counsel said.

“What instructions a party head gives, I have a copy of the instructions of a party’s head,” Justice Mazhar Alam said.

The copy of Imran Khan’s instructions to his party members provided to the PML-N lawyer.

“Justice Mazhar Alam has given a document to Makhdoom Ali Khan, I want to know about this paper,” Attorney General Khalid Jawed said. “If it was a public document,” he further questioned. “Leave the document, we are taking it back,” Chief Justice said. “There is shortage of time, leave this matter,” CJP further said.

“The timing of the reference suggests that the president is working for the prime minister,” PML-N lawyer argued.

“Are the president not bound to the prime minister’s advice,” Justice Munib Akhtar asked. “President is certainly bound for the advice but he can ask the PM for review,” the lawyer said. “The president can also advise the prime minister to present the matter before the cabinet,” Makhdoom Ali Khan further said.

The bench adjourned further hearing on the reference until Monday.