Presidential reference seeking interpretation of Article 63(A) filed in Supreme Court

ISLAMABAD: The federal government Monday filed a presidential reference in the Supreme Court seeking the interpretation of Article 63(A) ahead of crucial voting on the no-trust motion against Prime Minister Imran Khan.

Attorney General for Pakistan Barrister Khalid Javed Khan filed the reference today.

Speaking to the media at the SC, Khalid Javed Khan said he would represent the president in the case.

“The basic questions that have been asked from the include; a) will the dissident MPS be disqualified for life, b) what would the significance of the votes polled by those MPs and c) will the vote of these MPs be counted or not.”

The ruling party, in order to bar its dissident MPs from voting against the prime minister, had announced to approach the court to seek clarity on Article 63(A).

It had also issued notices to 13 of its lawmakers for going against the party policy in the no-trust issue. 

‘Reference is non-maintainable’

Meanwhile, Supreme Court Bar Association (SCBA) President Ahsan Bhoon, while talking to the media upon arrival at the apex court, said that the reference is non-maintainable.

"The petition filed on Article 63A is not maintainable," Bhoon said.

He said that the Constitution gives the right to appeal, but first, an order has to be issued by the Election Commission of Pakistan and then an appeal can be filed.

"Can a crime be punished before it is committed?" he asked.

The SCBA had filed a petition in the SC seeking the court's intervention to prevent "anarchy" as the government and Opposition parties have announced to hold rallies in the federal capital.

The top court on Saturday held an urgent hearing of the case and issued notices to JUI-F, PPP, PML-N, PTI, BNP-Mengal and ANP.

A two-member bench of the SC comprising Chief Justice Umar Ata Bandial and Justice Muneeb Akhtar had heard the case.

The SCBA petition was fixed for hearing after an attack on the Sindh House in Islamabad by the workers of the ruling party.

The top court is likely to take up the presidential reference along with the SCBA petition.

Meanwhile, top opposition leaders including Shahbaz Sharif, Bilawal Bhutto, Maulana Fazlur Rehman and Akhtar Mengal have also reached the court.

Speaking to reporters outside the court, PPP Chairman Bilawal Bhutto-Zardari said that he wouldn't make a political statement in the apex court's premises, adding that the leaders will “instead wage a political struggle.”

He further added that the political parties did not file a petition against the Speaker of the National Assembly Asad Qaiser in the court.

"We haven't dragged the NA speaker to the court. SCBA filed a petition and nominated us as parties."

Bilawal further stated that all their hopes are attached to the court because the political decisions are taken according to the Constitution and laws.

"We will pursue our Constitutional and legal struggle through lawyers," he added.

Meanwhile, JUI chief Fazl said that it is the first time that he is appearing before the Supreme Court. 

Replying to a question whether is it right to drag the prime minister of Pakistan to a court or not, he said that the PTI-led government is illegitimate, urging the journalist to stop empathising with the incompetent government.