If the system is weak, the Supreme Court has to come forward to save the constitution, Chief Justice Omar Ata Bandial said
The Supreme Court has to come forward to save the constitutionIf the system is weak, the Supreme Court has to come forward to save the constitution
ISLAMABAD: During the hearing of the Supreme Court Bar's constitutional petition and presidential reference on interpretation of Article 63A of the Constitution, Chief Justice Omar Ata Bandial remarked that there are no allegations of horse trading this time alone. What has been done so far to end horse trading? Deviant members have been withdrawn back to their parties. It is possible that the party will forgive those who vote against the party line. This court is for the implementation of the constitution, the articles of the constitution have to be effective, if the system is weak, the Supreme Court has to come forward to save the constitution, a five-member larger bench headed by Chief Justice Omar Ata Bandial said. During the hearing of the case on Wednesday, Advocate General Islamabad Niazullah Niazi submitted a progress report on the Sindh House incident and stated that non-bailable arrest warrants have been issued for the PTI members involved in the Sindh House attack. 16 accused have been named in the case, on which Advocate General Sindh took the position that the accused His name was not included in the case. The court directed the police to take action as per law and demanded further progress reports at the next hearing. During the hearing, Shahbaz Sharif's lawyer Makhdoom Ali Khan argued. Justice Jamal Khan Mando Khel raised the question whether the President can seek the opinion of the court regarding the proceedings of the Assembly. Is the National Assembly bound by the opinion of the court? Has the President sent this reference to the Supreme Court on the advice of the Speaker? The Speaker is the custodian of the proceedings of the Assembly, on which Fazil Vakil took the position that only the Attorney General can give answers to these questions. The Supreme Court is not legally bound to hear the presidential reference. The questions in the reference are not legal but political in nature, so the reference should be sent back to the government. He further said that deviation from the party policy is not necessarily on the basis of immorality or corruption, deviation from the party can be done for any good cause, to which Fazil Chief Justice said that it seems to deviate from your arguments. It is not wrong to be, why Parliament did not determine the period of disqualification by itself, will not discuss the Speaker's action, why should everything be decided by the court? Why not leave anything for political process? I am not convinced. Yes but these questions exist, Justice Jamal Khan Mandokhel said that suppose a person deviates, we are saying that deviation It is a heinous crime but does the Prime Minister have the power to issue a declaration even after this? Advocate Makhdoom Ali Khan said that the government is seeking disqualification for life through presidential reference. Yes, I am not saying that action against deviant member is wrong but I am saying that so far the government itself has not taken any practical steps to stop horse trading, Justice Ijaz-ul-Ahsan remarked that And there are forums of the Supreme Court, the question is what will be the period of disqualification of the deviant member? Look at the timing of the case? Arguments were still going on that the court adjourned further hearing of the case till Monday, April 4.
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