Islamabad: Chief Justice Qazi Faiz Isa has said that when it was written in the constitution that an ineligible member will be de-seated, then the de-seated member will be de-seated. It is a contradiction for Parliament to decide. It seems that the decision of Article 63A was to make the no-confidence motion ineffective.
According to Express News, a five-member bench of the Supreme Court is hearing on Article 63A review appeals related to defected members of the assembly. The head of the bench is Chief Justice Qazi Faiz Isa, while it consists of Justice Aminuddin Khan, Justice Jamal Mandukhel, Justice Naeem Akhtar Afghan. , including Justice Mazhar Alam Mian Khel
Justice Muneeb Akhtar had refused to sit in the bench on yesterday’s hearing, on which the Judges Committee has formed a new bench today, in which Justice Naeem Akhtar Afghan has been included in place of Justice Muneeb.
PTI’s objection to the formation of a new bench Founder PTI lawyer Ali Zafar objected to the formation of the bench. On this, the Chief Justice said that we will hear you later, now you should sit down. Barrister Ali Zafar said that we object to the reconstitution of the bench. Nothing happens behind closed doors in the Supreme Court these days, Chief Justice
The Chief Justice again said that I have told you that I will hear you later, we want things to run smoothly, you should sit down, the case file came to me, I suggested the name of Justice Mansoor Ali Shah, today. Yesterday everyone knows what is going on in the Supreme Court, nowadays nothing happens behind closed doors in the Supreme Court, now the larger bench is complete, let the proceedings begin.
Supreme Court Bar Advocate and President Shehzad Shaukat opened the arguments and said that on March 18, the Supreme Court Bar filed a petition, on March 21, a presidential reference based on four questions was sent.
The Chief Justice asked whether the reference and your pleas could have been heard together. Lawyer Shehzad Shaukat said that on March 27, the then Prime Minister held a rally.
On this, the Chief Justice told him not to discuss political matters. President Supreme Court Bar said that no-confidence motion came on March 8, on March 21, 2022, in the PTI government, the President sent a reference to the Supreme Court, our petition was filed under Article 184-3, the President referred under Article 186 Filed.
The Chief Justice asked who had filed the constitutional petition? Who was the president at that time? President Bar said that PTI filed the petition and Arif Alvi was the President of the state at that time. The Chief Justice said that on one hand, the President is sending a reference, on the other hand, the government party files a reference under Article 184.
President Supreme Court Bar asked that the question was asked in the reference whether the vote of disaffected members of the assembly will be counted.
When it is written in the constitution that an ineligible member will be de-seated, then he will be de-seated The Chief Justice asked that on the one hand an opinion was given that a disaffected member would be de-seated and on the other hand it was said that the parliament should decide the period of disqualification. Where was it said in the opinion of the Chief Justice that there will be a D seat?
The Additional Attorney General said that whether to de-seat or not is for the head of the parliamentary party to decide.
The Chief Justice said that this opinion of the court was the answer to the President’s question. President Supreme Court Bar Shehzad Shaukat said that this opinion was not an answer to the President’s question.
The Chief Justice said that the question in the ethics reference was genuine? On this, Shahzad Shaukat said that the court had declared that the vote of a disaffected member cannot be counted, a question was related to the voice of conscience of a member, in the decision an attempt was made to rewrite the constitution of Pakistan.
On the last sentence, the Chief Justice told him that you should not give such arguments and complete the basic facts. In the reference question, the word cancer was written for deviation. If this word was not there, would the effect of the question be reduced? Tell me, what is your objection to this decision? Do you object to the minority decision or the majority decision? Shahzad Shaukat said that we are objecting to the majority decision.
Where is it written in the decision that the member will be disqualified if the vote is not counted? The authority to disqualify or not has been given to the party leader, the Chief Justice
The Chief Justice said that in the decision of Article 63A, where is it written that the employee will be disqualified if the vote is not counted? This decision is leaving the matter to the party leader. It is the will of the party leader to disqualify him if he wants. What will happen if the party leader sends the declaration of disqualification? On this Shahzad Shaukat said that then this matter will be over.
The Chief Justice said, “Does the judgment say that there will be immediate disqualification if there is no vote and count?” On this, the Additional Attorney General said that no, it was not said in the judgment.
If the no-confidence vote is not counted, then the Prime Minister cannot be removed, that is, Article 95 has become inactive, Chief Justice The Chief Justice said that if the no-confidence vote is not counted, then the Prime Minister cannot be removed, this means that Article 95 has become inactive. Why is there a condition?
The Chief Justice said that the practice of voting is to be counted. Justice Jamal Khan Mandukhel said that would you like to challenge the minority decision? What will happen if the parliamentary party takes another decision, the party leader takes another decision? The Chief Justice said that if the members of the assembly do not like the party leader or the prime minister or the chief minister, then
