Court may return presidential reference: SC judge

ISLAMABAD: Supreme Court's Justice Ijaz-ul-Ahsan said Friday the court may return the presidential reference seeking clarity on Article 63(A) — which deals with the defection of party lawmakers.

A five-member larger bench of the apex court — headed by Justice Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel — heard the reference along with a plea filed by the Supreme Court Bar Association (SCBA) against public gatherings of the Opposition and the government in Islamabad — ahead of the no-confidence motion against Prime Minister Imran Khan.

"The president has asked us to interpret the article, therefore, we cannot deviate from it [...] there is a possibility that we might send the reference back," Justice Ahsan said.

He gave the remark after Attorney General of Pakistan Khalid Jawed Khan — when asked why did the government want to fix the punishment for an act which wasn't committed yet — said: "The punishment for murder is set even before a murder is committed. They (lawmakers) might not defect, but the punishment should be set."

The government had moved the Supreme Court after a spate of defections from PTI. As many as two dozen PTI lawmakers "sought refuge" at Sindh House and said they intended to support the Opposition during a no-confidence motion against the premier.

Moving on, the CJP said a person who breaks the trust is called dishonest and the punishment for such an individual is very severe.

During the hearing, AGP Khan told the court that the members who were elected to the house on reserved seats were also seen at the Sindh House. "These seats are allotted by the party."

At this, Justice Bandial said a strong party system was crucial for democracy to prosper. "But the constitution does not make it compulsory for politicians to be affiliated with parties."

As the proceedings continued, Justice Ahsan said when a person joins a political party, they sign a loyalty form. "Did the party issue any directions under Article 63 to the members? If the prime minister has issued any notice to the members, then the court should be made aware of it."

Justice Mandokhel told the attorney general that neither is he PTI's member nor is he their lawyer. "So you tell us if the prime minister does something wrong, even then a person is bound to remain loyal to the party?"

The attorney general responded that the prime minister is first a member of NA and then he is elected to the office. "His responsibilities differ from those of other lawmakers."

Justice Ahsan said that if voters vote for a lawmaker by seeing the ballot paper, then the politicians are bound to follow party policy.

'Lawmakers have to follow party policy — period'

A day earlier, Justice Akhtar had said that every lawmaker has to follow their respective party's policy — on parliamentary matters.

"...when a politician joins a party, they are bound by its mandate. The lawmakers have to follow the party's policies. Period," Justice Akhtar said, as the apex court heard two separate pleas.

"While voting [in the parliament], the party's opinion matters more than an individual's. The law to ascertain the [penalty] for defection is present since day one," Justice Akhtar said.