ISLAMABAD: On Monday, Attorney General of Pakistan (AGP) Khalid Jawed Khan filed the reference on behalf of President Arif Alvi for the interpretation of Article 63A in the Supreme Court.
Meanwhile, Supreme Court Bar Association (SCbA) President Ahsan Bhoon, while talking to the media upon arrival at the apex court, said that the reference is non-maintainable.
“The petition filed on Article 63A is not maintainable,” Bhoon said.
He said that the Constitution gives the right to appeal, but the first order has to be issued by the Election Commission of Pakistan and then an appeal can be filed.
“Can a crime be punished before it is committed?” he asked.
He said that a democratically elected speaker of the NA can abide by the law.
“Earlier, it was said that an (army) general ruined the Constitution and then tit was said judges did it, but it is the first time that a speaker in Parliament has sabotaged Article 95.”
As a lawyer, he believes that the lawyers community is neutral and wants the supremacy of law, the SCBA president concluded.
Prime Minister Imran Khan and some cabinet ministers had earlier accused the opposition of indulging in horse-trading ahead of the crucial vote on the no-confidence resolution, disclosing that the capital’s Sindh House had become a centre for buying and purchasing members.
Article 63-A
According to Article 63-A of the Constitution, a parliamentarian can be disqualified on grounds of defection if he “votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to the election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill”.
The article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will “provide such member with an opportunity to show cause as to why such declaration may not be made against him”.
After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member “shall cease to be a member of the House and his seat shall become vacant”.
