Presidential reference: SC adjourns hearing as AG continues argument

ISLAMABAD: Supreme Court of Pakistan on Friday adjourned hearing of a presidential reference on interpretation of Article 63 (A) of the Constitution until Monday as Attorney General Khalid Jawed Khan will complete his arguments in the next hearing, ARY NEWS reported.

The five-member bench headed by CJP Umar Ata Bandial headed the proceedings today and during his arguments on Friday, the attorney general said that any candidate contesting elections on party ticket is bound to follow party discipline.

Responding to Justice Jamal Mandokhail’s query on freedom of speech and how it could lead to lifetime disqualification, the attorney general said that the lawmakers are not allowed to vote on individual basis on four occasions.

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The attorney general also asked as to how conscience could guide a person to a righteous path as soon as he goes to Sindh House. “Being an advocate general, I lived in the Sindh House and could confidently say that there is no such device in Sindh House that helps in directing a person towards a righteous path.”

Chief Justice of Pakistan in his remarks during the hearing said that article 62 (1) (f) sheds light on qualification of a lawmaker and there is no such thing regarding disqualification in it.

There is no need for article 63 if there is a democracy in the party, CJP Umar Ata Bandial said and added that it is the beauty of the article that it should not be used.

Justice Jamal Mandokhail asked as to why president did not invited parliamentary parties to seek their advice on the matter.

“Is it not appropriate for the president to approach parliamentary parties before reaching out to the court,” he said and added that the constitution could be amended with consultation for bringing a clarity.

When Justice Mazhar Alam asked to why government was in a hurry and how could they decide on a crime which is not yet committed, the attorney general said that the opinion from court was sought to stop the crime rather than action against it after it is being committed.

Khalid Javed Khan also presented the parliamentary debate on 18^th amendment and said that article 62 (1)(f) also had a loophole and the court interpreted it previously.

During the hearing Justice Ijaz ul Ahsan said that they were asked by the president to interpret the Article of the Constitution and it may be possible that they could return it to him without it.