\u2013SC adjourns hearing until Monday as AG continues argument
\n ISLAMABAD
\nChief Justice of Pakistan Umar Ata Bandial has remarked that the Constitution is ambiguous about the definition of disqualification, asking the attorney general of Pakistan to explain to the court when would a member be disqualified for life.
\nA five-judge larger bench of the apex court headed by Chief Justice of Pakistan Bandial was hearing the presidential reference filed by the attorney general for the interpretation of Article 63-A.
\nChief Justice Bandial observed that nowhere in the constitution it was made clear that one should remain loyal to his party or not. He said that Article 62 (1) talks about the qualification but Article 62 (1) F of Constitution is ambiguous about the disqualification. He asked the attorney general of Pakistan to explain to the court when would a member be disqualified for life.
\nCJP Bandial remarked that the parliament only wrote word \u2018de-seat\u2019 in the law and did not elaborate any further. We want that democratic values should be followed, he added. The CJP further remarked: \u201cOne who breaks trust is called trust-breacher (khain).
\nAnd those who do not give vote to their party, they commit dishonesty and dishonesty is a big sin.\u201dThe chief justice inquired whether members of the party submitted their declaration vowing their commitment to the party discipline.
\nJustice Ijazul Ahsan remarked that voters put their stamps on the election symbol, not on the name of any person. A member who contests election on party ticket is bound to follow his party\u2019s policy, he said adding that an action would be taken against those who would vote against the party policy.
\nJustice Ijaz further said that the president asked for the interpretation of the constitution and the court could not deviate from it. \u201cThere is likelihood that we can send the reference back,\u201d he added.
\nJustice Jamal Khan Mandokhel inquired if the prime minister violated the constitution, should the member still vote for him. In this case, is it possible that any member can show his no-confidence on the prime minister if the latter takes some decision against the interests of the country, he asked. He inquired what kind of violations of party discipline would warrant the constitutional consequences.
\nThe attorney general said that it\u2019s strange that the conscience of party members suddenly awoke when they entered the Sindh House.
\nJustice Muneeb Akhtar remarked that in our political system, those who deserted party they were called \u2018lota\u2019 (turncoats). However, the AGP assured the court to complete his arguments by Monday.
\nAt the outset of the hearing, AGP Khalid Jawed Khan submitted his written response to the court. In his response, he stated that there was a difference between use of right of vote for a common citizen and Member of Parliament. The Parliament Member is bound to follow the party policy. An estranged member after tendering his resignation can go back to people and contest election. A person who takes money to cast his vote against his party can never represent people, the AGP said adding that a member\u2019s vote belongs to the party and he could not cast his vote against his party.
\nHe further pleaded that the disqualification under Article 63-A should be for life. \u201cThe national or foreign elements want to topple the government after purchasing the MNAs. If we allow this thing to happen, then people will lose their trust in the parliamentary democracy, he emphasized.<\/p>\n","protected":false},"excerpt":{"rendered":"
\u2013SC adjourns hearing until Monday as AG continues argument ISLAMABAD Chief Justice of Pakistan Umar Ata Bandial has remarked that the Constitution is ambiguous about the definition of disqualification, asking the attorney general of Pakistan to explain to the court when would a member be disqualified for life. A five-judge larger bench of the apex […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":{"0":"post-251264","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-top-news"},"yoast_head":"\n