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connivance of desertion is tantamount to ridicule of Constitution: CJP – Pakistan

ISLAMABAD: If head of political party condone apostasy, it is tantamount to ridicule of Constitution and Parliamentary Rules, Chief Justice of the Supreme Court of Pakistan (CJP) Umar Ata Bandial watched on Monday.

The desertion of the legislator is not only causes harm to political party but this also negation of Article 17 of constitution (freedom of association), CJP observed during the hearing of presidential appeal for interpretation of Article 63A of Constitution, which deals with desertion.

“This is tantamount to dishonest action against parliament”.

In such circumstances, the Supreme Court must determine what at least it can do to eliminate menace of desertion or being “a silent spectator and watching on television or pass through social media clips of failed deals or sales of votes members of a party”, – stated in the message CJP.

Judge Bandial expressed his disappointment over absence of Attorney General (AGP) Ashtar Ausaf, despite assurances that he will attend on Monday.

Additional Attorney General Chaudhry Aamir Rehman informed the court that the AGP on his way to Islamabad from Lahore, where he went in view of looming constitutional crisis in Punjab.

But AAG said AGP priority should be the Supreme Court.

CJP also expressed disappointment over absence of senior counsel Makhdoom Ali Khan – who is an busy in en international arbitration abroad – and noticed that they both belonged to the same political party and their absence gives the impression of delay.

Court postpones further hearing to Tuesday with seeing what is being done for the convenience of AGP.

Lawyer Mustafa Ramdey, representing the Balochistan National Party (BNP), argued that while Article 63A discourages of desertion, it does not provide for more penalty than seating of member, in addition to resignation. When the majority of political parties do not apply the principles of democracy in their ranks, interpretation of Article 63A in in such a way as to make party heads powerful turn them into Frankenstein.

“Process of cleansing should start from within party. Otherwise party will suffer more dictatorship”.

Mustafa Ramdai stressed that the appeal was sent by the President, who belongs to a political party at the time when prime ministerparty head in trouble.

“Why weren’t any certificates sent to the Senate after the elections?” the lawyer asked.

Judge Bandial noted that the Constitution promotes democracy and protects the political party system through Article 17, but the Constitution shows no obligation to individual members and in In the 1997 Achakzai case, democracy was even recognized feature of Constitution.

When of desertion, the legislator does not suffer much, since the Constitution endows party head indulge or give concessions on a give-and-take the base.

Looking at article 63A from another side, counsel argue that such a process would make party head dictator.

Judge Ijaz-ul-Ahsan wondered how democracy will be protected if individual members betray the trust placed in their political party and the electorate.

The Court must interpret section 63A from all points of view. possible corners, especially when article 17 designed to protect political parties, said Judge Ahsan.

counsel argued that the vesting of unbridled power party heads or deprivation of rights of voting members in or vote out in prime minister undermine the doctrine of check and balance.

Published in Dawn, May 17, 2022

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Derrick Santistevan
Derrick Santistevan
Derrick is the Researcher at World Weekly News. He tries to find the latest things going around in our world and share it with our readers.

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