Presidential Reference
ISLAMABAD
While concluding arguments in presidential reference before a five-member larger bench of the Chief Justice of Pakistan Umar Ata Bandial on Tuesday Attorney General for Pakistan (AGP) Khalid Jawed Khan reiterated parliamentarians who vote against their party’ policy should be disqualified for life.
However, the bench observed that Article 63-A of the Constitution did not mention lifetime disqualification as it only referred to temporary disqualification (de-seating) in case of violation.
During the course of proceedings on the presidential reference, AGP contended defection was no ordinary political activity saying the Constitution mentioned the tenure of an assembly, not of lawmakers. He was of the view that lawmakers’ membership ends in case of the dissolution of the assembly, adding that the purpose of Article 63-A will be fulfilled with lifetime disqualification and the law would not serve its purpose by de-seating lawmakers till the completion of the assembly’s tenure. He further argued that in case of a declaration, Article 62(1)(f) will be applied to the dissenting lawmaker. Responding to a query of a member of the bench Justice Jamal Khan Mandokhail whether disagreement meant dissent as per the AGP, to which the AGP submitted it is not fact. To which, Justice Mandokhail observed Article 63-A referred to de-seating, not disqualification saying there was no need for further discussion when there was no mention of disqualification.
