During the hearing on the Presidential Reference and the Supreme Court Bar request for interpretation of Article 63A, Chief Justice of Pakis...
During the hearing on the Presidential Reference and the Supreme Court Bar request for interpretation of Article 63A, Chief Justice of Pakistan Justice Umar Ata Bandial remarked that a person who breaks trust is called a traitor and treason is a severe punishment in the Quran.
A five-member larger bench headed by the Chief Justice of Pakistan is hearing the presidential reference and the Supreme Court bar's application for interpretation of Article 63A.
Attorney General of Pakistan Barrister Khalid Javed Khan while giving arguments said that members with reserved seats were also present in Sindh House, reserved seats are available on the list of the party.
The Chief Justice of Pakistan remarked that according to him, those who do not vote for the party betray, those who break the trust are called traitors and betrayal has a very severe punishment in the Qur'an.
Justice Omar Ata Bandial said that a strong party system is the guarantor of a strong democratic system.
Justice Ijaz-ul-Ahsan remarked that when a member becomes part of the party, the party signs the allegiance. Has the party head issued instructions to the members under section 63A? Inform the court if the Prime Minister has issued any directive.
Justice Jamal Mandokhel said that you are the Attorney General, not a party representative or a lawyer. If the Prime Minister does something wrong, is it necessary to remain loyal to the party?
The Attorney General said that the Prime Minister first takes the oath of office of the Member of the Assembly then the Prime Minister, the responsibilities of the Prime Minister and the members are different.
If a servant is expressing his opinion, should he be disqualified for life: Justice Jamal's conversation with Attorney General
Justice Ijaz-ul-Hassan said that if a voter casts his vote after seeing the election symbol on the ballot paper, then it becomes necessary to follow the intention of the party.
Barrister Khalid Javed said that it is a practice in the subcontinent that the party is run according to the manifesto. When military courts were formed, Raza Rabbani supported the party's position despite personal differences.
Justice Jamal Mandokhel asked if anyone returned the trust or disagreed with the party line. While Justice Mazhar Alam Mian Khel asked why those who disagree with the party line should resign.
The Attorney General said that you cannot come from my party ticket and manifesto and disagree with the party, to which Justice Jamal Mandokhel said that if a servant is expressing his opinion, should he be disqualified for life.
The beauty of Article 63A is that it does not need to be used: Chief Justice of Pakistan
Justice Jamal Mandokhel said that if someone tells you not to practice for 5 years after becoming Attorney General? To which the Attorney General replied that there are limits to freedom of expression, you can't get freedom of expression by shouting at a sick person and causing his death.
Barrister Khalid Javed Khan said that if I am Advocate General Sindh then I can stay in Sindh House. If your conscience is awakened then write two words of resignation.
Justice Jamal Mandokhel asked that if the Prime Minister takes action against the security of the country then I cannot disagree with it. On which the Attorney General said that leave the mention of the Prime Minister, he is not being mentioned here.
The Chief Justice of Pakistan remarked that the beauty of Article 63A is that it does not need to be used, Article 63A has been redundant.
The Attorney General said that he claims that lifelong disqualification will eliminate deviation, to which the Chief Justice said that you have to explain what life disqualification should be.
Justice Jamal Mandokhel said that it would not have been better if the President had called all or parliamentary leaders for advice and then come to the court.
President has asked for interpretation of constitution, interpretation cannot go here and there: Justice Ijaz
The attorney general said that if videos came out in the Senate election, money was being distributed.
Justice Mazhar Alam said that it is not a crime yet that you are seeking opinion, on which the Attorney General said that the punishment for murder was determined before the murder, it is necessary to determine the punishment before the crime. The sentence must be determined.
Justice Ejaz-ul-Haq said that the President has asked for the interpretation of the constitution.
Justice Jamal Mandokhel said that we are using advisory jurisdiction and judicial jurisdiction. Can we use the powers of Supreme Court in advisory jurisdiction?
Can we put a full stop on a bill passed by the House? Justice Jamal Mandokhel
The Chief Justice of Pakistan remarked that who will fill the gap in the constitution, do we have to fill the gap in the constitution, the bill of 18th amendment was passed by the house in 2009.
Justice Jamal Mandokhel remarked that can we put a full stop on the bill passed by the House?
Justice Ejaz-ul-Haq said that Wasim Sajjad had called the deviation a cancer while Justice Jamal Mandokhel said that he would be the last person to support the looting.
The attorney general said that theft, even if it is to fill someone's stomach, is a wrong move.
A person of conscience should resign and go home on deviation: Attorney General
Justice Jamal Mandokhel asked, "What if someone is being deviated from because he is stealing?" However, Justice Muneeb asked if there is any deviation, how can it be de-seated?
Justice Muneeb Akhtar said that the consequences of deviation are contained in Article 63A.
Barrister Khalid Javed said that the parliament does not have the power to prove anyone's eligibility but it has the power to disqualify him.
Justice Jamal Mandokhel asked whether all the parliamentarians today are in favor of your reference. You get it passed by Parliament.
The Attorney General said that all the parliamentarians are in agreement that the Supreme Court is the guardian of the constitution, the constitution has been made, its implementation has to be ensured by the Supreme Court.
Who are you afraid of? Chief Justice's conversation with the Attorney General
Chief Justice Omar Ata Bandial remarked that you could have determined the disqualification even through legislation.
Justice Umar Ata Bandial asked the Attorney General who are you afraid of? 62 One F was upheld by the 18th Amendment, the 18th Amendment gave the Election Commission the status of Court of Law for life disqualification, the powers of the Court of Law are clear in the Constitution.
The Attorney General said that if the Supreme Court says that deviation from 62 One F is different from the law of lifelong disqualification, then it will also be a declaration. shall be.
Chief Justice of Pakistan Justice Umar Ata Bandial adjourned the hearing till 1 o'clock on March 28 at the request of the Presidential Reference and the Supreme Court Bar filed for the interpretation of Article 63A of the Constitution.
No comments
Thanks