Notice as taken after twelve judges following lengthy deliberations agreed it was a constitutional matter, says the Chief Justice
By Staff Reporter
ISLAMABAD: The Supreme Court did not step in to save the country from a parliamentary crisis last month on someone’s whim, the country’s top judge said on Monday.
“It took twelve Supreme Court judges long deliberations to take a suo moto action as they were all unanimous it was a constitutional matter,” said Umar Ata Bandial, Chief Justice of Pakistan (CJP) during the hearing of presidential reference seeking the apex court opinion on Article 63-A of the Constitution.
This case is related to the disqualification of lawmakers over defection.
A five-member bench, headed by the chief justice, and comprising Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail, is hearing the reference.
The chief justice, however, maintained the notice was justified.
“Everyone believed it was a constitutional matter so notice should be taken.”
At the start of the hearing today, the chief justice remarked it was the court’s duty to protect the Constitution, adding that the interpretation of Article 63-A was essential for parliamentary democracy.
Justice Bandial said legal questions related to the Article were valid even after filing of references against dissident PTI lawmakers in the Election Commission of Pakistan.
The PML-N had earlier filed an application, requesting the court to put off the hearing till May 17 as the party’s counsel, Makhdoom Ali Khan, was out of the country.
When the hearing resumed, the chief justice ordered the applicants to ask their lawyer to return to the country sooner.
Meanwhile, PTI’s counsel, Babar Awan, said he wanted to assist the apex court in the case, adding that he “greatly respected” the court.
Justice Mandokhail remarked the same respect [for court] should be inculcated in the public. “Tell the people that the court also opens at night. The Balochistan High Court also opened at 2:30am.”
Awan replied that it (educating the public to respect the judiciary) was the information ministry’s job and argued Articles 62 and 63 should be read together.
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