Courts can overturn decision to disqualify lawmakers: Supreme Court
The Supreme Court (SC) clarified that a court can choose to overturn a decision to disqualify a lawmaker.
These comments were made by Justice Ijazul Ahsan while hearing the presidential reference that sought the SC's interpretation of Article 63-A of the Constitution, which pertains to disqualification of lawmakers over defection.
The Pakistan Tehreek-e-Insaf (PTI) is seeking disqualification of parliamentarians who were accused of leaving the party to vote against Imran Khan in a no-confidence motion against him.
PTI says lawmakers involved in horse-trading and changing their loyalties in exchange for money should be penalised.
The case was heard by a fivemember bench, headed by Chief Justice Umar Ata Bandial, and comprised Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail.
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Representing PTI, lawyer Babar Awan gave reference of a court order issued during former president Pervez Musharraf’s era and cited that the top court gave Musharraf the right to amend the constitution.
“Courts should be brave enough to hear references of previous verdicts,” he stressed. “The court’s authority knows no bounds.”
He said the apex court was the last resort for the public of Pakistan and the only option left after it were sit-ins and rallies.
Awan urged the courts to reinforce the law through their decisions and underlined that the public wanted justice to prevail.
He questioned if 26 members of a party could leave it without breaking the law. “This way, political parties can lose majority in the parliament,” he noted.
Govt to seek SC’s advice on disqualification of MNAs who are ‘horse-trading’: Fawad
In March, the SC formed a larger bench to hear the presidential reference which was submitted by the then PTI government, which deals with the "legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money."