Lawyers’ arguments: ‘Will be disastrous if public thinks decisions are made by a few judges’

ISLAMABAD: PMLQ President Shujaat Hussain’s lawyer Salauhuddin informed the Supreme Court on Monday that the issue pertained to the interpretation of Article 63-A. He said it will be disastrous if a public perception was created that the decisions of all important cases are made by a few judges.

Punjab deputy speaker’s lawyer Irfan Qadir said an impression of partiality should not exist about the court and if there was an issue, the court should remove it. He said the system could be in danger if political parties weakened.

Hamza Shehbaz’s lawyer Mansoor Usman said three judges had ignored the observation of eight judges in the interpretation of Article 63-A. He said the party head was answerable to people, not the parliamentary party, and his importance could not be ignored.

Meanwhile, former SCBA President Latif Afridi said under Article 63-A of the Constitution, a notice would be sent to a parliamentary party member if they violated the party head’s instructions. “If the court finds that 10 PMLQ MPAs have voted according to the law, then Pervaiz Elahi would be the chief minister,” he told a news channel.

Barrister Ali Zafar said no one had the right to ask the Supreme Court to send their case to a particular judge or form a larger bench. “A member has to follow the party line and the parliamentary party gives directions to members for voting. The Punjab deputy speaker could not justify his decision in the court,” he added.

Justice (retd) Shaiq Usmani said there was a mention of the parliamentary party in Article 63-A, not the party head.

Ahmed Awais said the Article was clear but the deputy speaker had misquoted it.

Former SCBA President Yasin Azad said when Moonis Elahi knew about Shujaat’s letter, he said he had been defeated.

Former SCBA President Rasheed A Razvi said the party head had not been mentioned in the article.

Aitzaz Ahsan said the deputy speaker was required to ask the PMLQ MPAs if they had received instructions from the party.

Meanwhile, Arif Chaudhry said the PMLQ parliamentary party had already decided to vote for Pervaiz Elahi and it was a run-off election.

Khalid Ranjha said the court had already decided the issue. However, he said larger benches were not made on such issues.

Anwar Mansoor viewed the deputy speaker had made a wrong decision in the case.

Salman Akram Raja said it was yet to be decided if a party head could write such a letter and the issue about its importance.