ISLAMABAD: Days after some lawmakers from the ruling party withdrew their support for the prime minister ahead of the no-confidence vote, a Supreme Court judge said MPs “switching loyalties to topple a government was a joke”.
Justice Ijaz ul-Ahsan made the comment as the Supreme Court resumed hearing of a government petition seeking a ruling on whether defectors from the Pakistan Tehreek-e-Insaf (PTI) party could lose their seats before voting on the no-confidence motion.
The reference requests the top court to interpret Article 63-A of the Constitution which is related to the disqualification of MPs on grounds of defection.
A five-judge larger bench of the apex court — headed by Chief Justice Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel — resumed the hearing Monday.
During the proceedings, Justice Akhtar observed lifetime disqualification under Article 63-A was applicable when an MP hid information in his nomination papers as he questioned how a legislator could be disqualified for life without misconduct proceedings being initiated against him.
When Justice Mandokhail later asked Attorney General Khalid Jawed Khan whether he believed there was something “missing” in Article 63-A, he responded by saying the article in question could not be read alone.
Subsequently, Justice Ahsan observed that Article 63-A was related to the de-seating of an MP, questioning how it could be linked with lifetime disqualification.
Different forums were available to take action against those who switched loyalties, he noted, observing that linking Article 63-A to lifetime disqualification was “merely a hypothesis”.
Khan later informed the court he might not be able to complete the arguments today.
Meanwhile, Chief Justice Bandial also directed the police to arrest the perpetrators involved in the attack on Sindh House and directed the attorney general to submit a compliance report by tonight.
The chief justice said he had ordered implementation on the plea as per law and even if there is a complaint then concerned forums should be reached out for redressal.
While grilling Khan, the top judge asked him why court orders regarding the arrest of the suspects were not implemented.
“We have added concerned sections in the FIR, however, the case does not fall under terrorism charges,” Khan told the chief justice who then said the suspects should be arrested under new charges framed against them.
To this, the attorney general responded they have arrested the suspects but they secured bails from the courts. “The bails were granted when the case was filed under bailable offences,” Justice Bandial said.
He then ordered a report be submitted by Tuesday (tomorrow) regarding action needed under fresh charges.
It is pertinent to mention here Islamabad police chief Ahsan Younas has submitted to the Supreme Court a report of the mob storming Sindh House.
In his report, Younas said over two dozen people staged a protest outside the gate of Sindh House and damaged its gate.
A case has also been registered against those involved in hooliganism, the report said and added two MPs were also present outside the Sindh House and were also booked in the case.
It further said the sections included in the case are bailable and therefore they were released on personal guarantees.
