Staff Report
ISLAMABAD: Supreme Court Judge Justice Mazhar Alam Miankhel has taken strong exception to Prime Minister Imran Khan’s statement in which he alleged that Pakistan Muslim League-Nawaz (PMLN) leader Nawaz Sharif is trying to woo judges against the PTI-led government.
Justice Alam noted that observations and questions by the judges during the hearing of the presidential reference have an impact outside the court. He also referred to the premier’s statement. However, Attorney General for Pakistan Khalid Jawed Khan said that they should not be influenced by happenings outside the court.
Another member of the bench, Judge Justice Jamal Khan Mandokhail, wondered as to whether the prime minister should restrain from giving such statements.
The justice said that it seems the premier has no confidence in the highest judiciary of the country and MNAs have no confidence in the premier.
However, Chief Justice of Pakistan Umar Ata Bandial said that they are not influenced from statements given by political leaders.
At the onset of the hearing, Advocate General Sindh Salman Talibuddin stated that the Islamabad police has not incorporated terrorism charges in the FIR registered against PTI workers who attacked Sindh House. Upon this, CJP Bandial asked him to approach an appropriate forum on this issue.
Later, the CJP told Advocate General Islamabad that the police should act in accordance with law and submit a report on Tuesday.
During the hearing, Justice Ijaz ul Ahsan stated that there is no positive meaning of defection in the dictionary. He termed defection as a dubious act that shows opportunism and betrayal.
Justice Ahsan said that if lawmakers defect on account of incentives, then there might be consequences of Article (62)(1)(f) of the Constitution.
He further said that if a lawmaker defects, then he breaks trust.and the parliamentary party could decide on an in-house change
Justice Mandokhail wondered what is the need for a presidential reference on the matter. “In case of defection, let the ECP decide,” he said. Justice Alam also asked the AGP as to the basis of lifetime disqualification for defected lawmakers.
Justice Bandial stated that it is an important case as political parties are important for the parliamentary system. Everyone accepts parliamentary democracy and it is a basic feature of the Constitution he added. The hearing was then adjourned.
The AGP will continue his arguments today.
