In a major development, the Supreme Court of Pakistan Tuesday ruled that the dissident members of the parliament (MPs) cannot cast their votes against their parliamentary party's directives.
The court, giving its verdict on the presidential reference seeking the interpretation of Article 63(A) of the constitution, said that the article concerned cannot be interpreted alone.
The Supreme Court wrapped up the hearing of reference filed by President Arif Alvi nearly two months back.
In the majority verdict of 3-2, Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar agreed that dissident members' votes should not be counted, while Justice Jamal Mandokhail and Justice Mazhar Alam Khan Miankhel agreed.
The decision comes after the presidential reference, the hearings for which continued for 58 days since its filing on March 21. The SC had reserved the verdict today afternoon after 20 hearings.
During yesterday's hearing, Chief Justice of Pakistan (CJP) Umar Ata Bandial had indicated that the court would be concluding the case on Tuesday.
"The court wants to make a decision on the case soon," the top judge had remarked while rejecting Attorney-General of Pakistan Ashtar Ausaf and PML-N's request for extension.
A five-member larger bench, headed by CJP Bandial, and comprising Justice Ijaz-ul-Ahsan, Justice Mazhar Alam Miankhel, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhel, concluded the hearing of the case.
During today's hearing, despite CJP Bandial's denial of further extension, PML-N's lawyer Makhdoom Ali Khan submitted a written request for more time for the submission of arguments.
The lawyer maintained that the circumstances have changed now, therefore, he should be allowed more time to take new instructions from his client.
While presenting his arguments, AGP Ausaf said that the court is looking into the presidential reference as an advisory authority and he would assist the court in line with the reference and legal questions.
He maintained that article 63(A) is a complete code.
"It has to be seen that if anything else needs to be added to the Article or not, and whether the dissidents' vote can be counted," the AGP stated.
The reference
The former PTI-led government had decided to approach the SC for clarity on Article 63(A) as several PTI lawmakers announced to vote on the no-trust motion against then prime minister Imran Khan — a violation of the party policy.
Despite their decision of not siding with their leader, none of the PTI MNAs had cast their votes of no-confidence against Khan, as the then opposition already had the required 172 votes to oust him.
In the reference, the government sought the apex court’s opinion on two interpretations of Article 63(A) and which one should be adopted and implemented to achieve the constitutional objective of curbing the menace of defections, purification of the electoral process, and democratic accountability.
The reference stated if the constitutional disapproval and prohibition against defection was effectively enforced with deterrence for the future as well, many such members would stand disqualified for life under Article 62(1)(f) and would never be able to pollute democratic streams.
