Pakistan government to seek court’s interpretation on law relating to disqualification of defecting lawmakers

ISLAMABAD: Pakistani Prime Minister Imran Khan’s party on Friday announced filing a reference in the Supreme Court, seeking interpretation of article 63 (A) of the constitution that relates to the disqualification of parliamentarians on grounds of defection, ahead of a no-trust vote in parliament.
The development came a day after several legislators from the ruling Pakistan Tehreek-e-Insaf (PTI) party announced withdrawal of their support to the prime minister and joined the opposition’s ranks to topple the government. 
A parliamentarian can be disqualified on grounds of defection if he “votes or abstains from voting” in parliament contrary to any direction issued by the parliamentary party they belong to, Article 63 (A) says. While government officials say the law is preventive in nature, the opposition says the defection clause will apply only after a legislator is found to have violated the party’s policy. 
“The Supreme Court will be asked about the legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money,” Information Minister Chaudhary Fawad Hussain said on Twitter, after a meeting chaired by the prime minister to look into legal options to deal with the opposition’s no-confidence motion. 
“Will members who switch their loyalties for financial gains be disqualified for life or will they be allowed to run for a re-election?” 
Hussain said the apex court would be requested to conduct daily hearings for a judgment on the reference. 
The opposition filed a no-confidence motion against the prime minister on March 8, accusing him of mismanaging the economy, poor governance and foreign policy. Opposition parties collectively have 163 lawmakers in the 342-member National Assembly, while the government enjoys the support of 179 legislators, including its coalition partners. 
The opposition requires support of at least 172 members to topple Prime Minister Imran Khan’s government. 
The government’s coalition partners, which have a total of 17 members in the National Assembly, have not yet decided to part ways or stay with the government. 
The president can file a reference in the Supreme Court for the interpretation of any legal matter, according to experts. 
“Once the reference is filed, it will be up to the apex court as to how quickly it decides on it,” Barrister Ahmed Pansota told Arab News. “It may take weeks and months.” 
Pansota said the Supreme Court might not stay the vote of no-confidence as it was a parliamentary matter, but still “there are lots of ifs and buts.” 
At a press conference earlier in Islamabad, Interior Minister Sheikh Rashid Ahmed tried to convince the ruling party dissidents to not vote against the prime minister. “All those who have been sold should return to the party [PTI],” he urged. 
Ahmed said the government had information about five to six dissidents, but they were now found to be between ten and twelve. 
“Come back, we’ll repaint you,” he said, adding the dissidents would regret their decision if they would not return to the PTI fold.