Attorney General of Pakistan (AGP) Khalid Jawed Khan on Tuesday told a five-member larger bench of the Supreme Court bench that the Election Commission of Pakistan (ECP) will not be able to hold the elections in time if the case on the open ballot presidential ordinance is not wrapped up by Wednesday.
Pakistan People’s Party (PPP) Senator Raza Rabbani, who has been counsel for the opposition during the proceedings, maintained that the Constitution does require a voter to identify his vote.
“The law will make its own way where votes are bought and sold,” said Rabbani. “If corrupt practices take place before voting, then there is no logic in looking at the votes.”
To this, Justice Ijazul Ahsan asked if there was any way to both check the vote cast and to maintain the secrecy of the vote.
“The law is completely innocent and blind,” remarked Chief Justice of Pakistan (CJP) Gulzar Ahmed. “If bribes are attached with the votes, how can we not review [the process]?” he added.
The CJP stressed the need to weed out these corrupt practices so the Senate election does not go to “waste”.
Chief Justice Gulzar Ahmed observed that enforcement of the law with good intention is necessary as the law is totally blind, stating that implementation of the law with malicious intention causes problems.
Justice Ijazul Ahsan remarked the rules made under the election law have no constitutional status, to which Rabbani submitted that the Election Act also made under the command of the Constitution.
However, Justice Ijazul Ahsan said all laws are deduced from the Constitution, adding it is a fact that no law has been made for the presidential election.
Rabbani argued that Article 59 has not mentioned that the Senate election will be held under the law, saying the rules authorize the commissioner to issue instructions for the presidential election.
He contended that despite Schedule 2 rules made for the presidential election, the Senate elections also held under the Constitution.
However, Justice Ijazul Ahsan observed that rules made under the Constitution and the rules authorize the presidential election but the rules for the Election Act have no Constitutional status.
During the hearing, the attorney-general said that when it comes to presidential ordinances, no one has the right to present their arguments except for political parties.
“Bar councils have nothing to do with political matters,” he said. “I am completely against their arguments being heard.”
The Supreme Court urged all parties concerned to wrap up their arguments within half an hour each on Wednesday.
