Islamabad :
Hearing the presidential reference regarding the interpretation of Article 63A, Chief Justice of Pakistan Justice Umar Ata Bandial said that we have to interpret the Constitution for the generations to come and not for today. The Constitution is a living document.
A five-member larger bench headed by Chief Justice of Pakistan Justice Umar Ata Bandial heard the presidential reference regarding the interpretation of Article 63A.
Justice Ijaz-ul-Ahsan, who was present in the larger bench, said that the court wanted to give its opinion on the legal question.
He remarked that whatever the opinion of the court may be, all parties will abide by it.
On this occasion, the lawyer of PML-Q, Azhar Siddique, said that the judicial opinion was not respected in the Senate election. Earlier, the decision of presidential reference was not implemented in the Senate election.
“I have repeatedly written to the Election Commission but it has not been implemented. Political parties are reluctant to implement the decisions of the presidential reference,” he said.
Justice Ijaz-ul-Hassan said that our decision on the bill has been implemented and everyone has to implement the decision given on the presidential reference. We have not received any request for non-implementation of the decision. Will issue appropriate order.
The Additional Attorney General told the court that the new Attorney General also wanted to give his opinion, the disqualification reference under Article 63A is pending in the Election Commission.
On the occasion, lawyer Azhar Siddique said that the present government is thinking of getting a presidential reference regarding Article 63A, therefore a new Attorney General is being awaited.
The Chief Justice said that he hoped that the federal government would allow the interpretation of the constitution on this constitutional issue to be completed.
Explaining in an open court on taking suo motu notice on the issue of Speaker Rowling, Chief Justice Omar Ata Bandial said that protection of the Constitution is our duty, we will interpret Article 63A.
He said that the interpretation of Article 63A was necessary for parliamentary democracy, adding that self-notice was taken at the behest of the bench and not at the behest of anyone.
He said that we did not take suo motu notice on anyone’s request, suo motu notice is first considered by a bench and then the matter is taken up with the Chief Justice. Was
He said that everyone was of the opinion that this was a constitutional matter and should be taken notice of.
On the occasion, Pakistan Tehreek-e-Insaf (PTI) leader and lawyer Bahar Awan said that he would support the court in a constitutional debate.
Justice Jamal Mandokhel, who was present in the larger bench, remarked that they appreciate the word of your literature.
Justice Jamal Mandokhel told the people that the court is also open at night, the Balochistan High Court is also open at half past one in the night.
Babar Awan said that we should not go into this debate, we have seen more difficult situations in advocacy.
He requested the court to read Articles 63A and 62 together.
During the hearing, the Chief Justice said that reference files have been filed in the Election Commission against the deviant members.
He said that Article 63A is a part of the constitution and despite the disqualification reference in the Election Commission, Article 63A can be interpreted.
He said that the Supreme Court would interpret Article 63A, the question of interpretation of Article 63A is very important for parliamentary democracy.
Continuing his speech, the Chief Justice said that we have to interpret the Constitution for the generations to come, not for today. The Constitution is a living document.
He said that we have to reach the goal of these provisions of the constitution, we have to look at the principles of the constitution instead of the actions of the people individually, the Supreme Court has no interest in the 25 deviant members.
During the hearing, the Chief Justice remarked that the reference and constitutional petitions were before the court.
He said that a request for adjournment of Makhdoom Ali Khan has also been received on which the assistant lawyer said that Makhdoom Ali Khan would return to the country on the evening of May 15.
The court remarked that we do not have much time, request Makhdoom Ali Khan to return soon.
The Chief Justice inquired from Makhdoom Ali Khan’s assistant counsel that if his client was concerned about non-implementation of judicial opinion regarding Senate elections, then why he did not file the application.
Justice Umar Ata Bandial said that the court decides after the incident whether the verdict is right or wrong, Makhdoom Ali Khan knows how much evidence came before the judges in the Rekodak case.
The Chief Justice said that in the case of Rekodak, the executive had failed to fulfill its responsibility.
The court said that the implementation of the presidential reference regarding the Senate election was not the fault of my client but the fault of the Election Commission.
The Chief Justice said that look at the petition that has come from your party regarding the Senate election.
Justice Ijaz-ul-Ahsan remarked that it should be considered that this is the Supreme Court of Pakistan and all the affected parties should come before it.
On this occasion, Babar Awan said that the High Court had directed the President
The President remained silent, on which the Chief Justice of Pakistan remarked that if the remarks about the President were not taught then apply.
The court also issued notices to the parties on the constitutional request of PTI.
Muhammad Azhar Siddique said that he was grateful that notices had been issued on the constitutional request of PTI and other political parties should also listen to this request.
The court remarked that the court has already taken notice of the presidential reference and is hearing the arguments of the parties.
The court adjourned the hearing of the presidential reference on Article 63A till May 10.
