Presidential reference on Senate polls: Dictators are also sitting in political parties: CJP

ISLAMABAD: The federal government on Thursday told the Supreme Court that the framers of the Constitution did not know that there will be an animal called horse.

A five-member bench of the apex court headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Yahya Afridi and Justice Ijazul Ahsan resumed hearing the presidential reference on Senate elections.

Continuing his arguments, Attorney General Khalid Javed submitted that the framers of the constitution did not have an idea that there will be an animal called horse. Chief Justice Gulzar Ahmed observed that there should be an environment of democracy within the political parties, adding that dictators are also sitting in the political parties.

The attorney general said that four unelected persons used to decide in the past about the selection of a prime minister. The chief justice observed that there were people who admitted that they had voted against their conscience. The attorney general said the purpose of the presidential reference is to strengthen the conscience and will of people and to ensure that the Senate election process is transparent. There are people who are of the view that although the work is good, those who are doing it have not good intentions. It should not be assumed as to who is taking the step but it should be seen as to what is being done.

At one point, the chief justice observed that most of the political parties run with the name and popularity of their leaders. Justice Ijazul Ahsen observed that legally there should be a culture of check and balance within political parties.

The judge observed that people vote for MPs for their party affiliation but added that at the same time if a member of NA or PA gives vote against the party line, he will not only be accountable to his party but also to his voters. Justice Umar Ata Bandial observed that a particular clause regarding open ballot was not added to the 18th constitutional amendment. “What could be the reason for this,” Justice Bandial asked the AG.

The AG replied that there might be two possibilities: maybe it was felt that there was no need of it and maybe it lacked political will.

“One thing keep in mind in your arguments that you have to distinguish the role of the upper house of parliament (Senate) and the lower house (National Assembly),” Justice Bandial told the attorney general. Elaborating this, Justice Bandial said the upper house of parliament brings stability in the parliamentary system while the National Assembly reflects the society and will of people.

The AG endorsed the observation of Justice Bandial that the Senate represents mature people.

Justice Ijazul Ahsen observed that the Senate is the will of the federating units. The attorney general said if someone has the courage, he should exercise his right to vote according to his own conscience and why he should hide it as well. To supplement his arguments, he said suppose if anyone is found guilty and expelled from the party in the open ballot, he/she could approach the court for remedy. He said in the first step, voter or MPs will be made accountable in the open ballot.

Justice Gulzar Ahmed asked the AG if an independent candidate wants to contest the elections, who will be his proposer and seconder? The AG replied that the trust rests with the party, adding that any party can guide its supporters to do so and vote for the independent.

The court adjourned the hearing until next Monday wherein the attorney general will continue his arguments.