SC forms larger bench on reference seeking interpretation of Article 63(A)

ISLAMABAD: The Supreme Court (SC) on Monday decided to form a larger bench on a presidential reference filed by the federal government seeking the court’s interpretation of Article 63-A of the constitution, ARY News reported.

Attorney General for Pakistan Barrister Khalid Javed Khan filed the reference today.

A two-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial and Justice Munib Akhtar, took up the reference today along with a plea filed by the Supreme Court Bar Association (SCBA) seeking the top court’s intervention to prevent “anarchy” ahead of the no-trust voting against Prime Minister Imran Khan.

During the proceedings, the apex court ordered the formation of a larger bench on SBCA petition and also sent notices to all political parties on presidential reference.

As the hearing went underway, the AGP apprised the SC that federal government has filed reference to seek the opinion of the top court in the presidential reference under the jurisdiction of Constitution’s Article 186.

The supreme court’s guidance has been requested over delineation of the scope and meaning of certain provisions contained in Article 63-A of the Constitution, the AGP told the court.

During the hearing, the CJP asked how lawmakers can be stopped from casting their votes?

To which, the attorney general assured the apex court that no lawmaker would be stopped from voting on no-trust move, adding that action will be taken against those voting against party policy under Article 63 (A).

The attorney general also informed top court that the public won’t be allowed to enter red zone during the National Assembly session.

The SC after hearing arguments ordered formation of larger bench and adjourned the hearing of case till March 24.

The President has sought the opinion of the top court in the presidential reference under the jurisdiction of Constitution’s Article 186.

In presidential reference, a copy of which is available with ARY News, the supreme court’s guidance has been requested over four basic questions with regard to Article 63-A of the constitution.

“If the members betraying their party could only be punished with removing them from their parliament seats,” the reference asked the court.

“If the defector can be disqualified for contesting the next election or not? If a defector under Article 63-A, will be disqualified for life?.

“The vote given by a parliament member against the party’s policy will be counted in the voting or not,” the president questioned about the fate of the controversial vote.