Pakistan top court constitutes ‘larger bench’ to decide presidential reference against defecting lawmakers

ISLAMABAD: The Pakistan Supreme Court said on Monday it would set up a ‘larger bench’ to hear a presidential reference seeking the interpretation of Article 63-A, which sets down rules for the disqualification of lawmakers in the case of defection and violation of party policy.
The court’s decision follows attorney general Khalid Javed Khan submitting a reference on behalf of President Arif Alvi, after as many as 13 lawmakers from Prime Minister Imran Khan’s ruling Pakistan Tehreek-e-Insaf (PTI) party indicated they could vote against him in a no confidence motion set to be voted on later this month. The PTI now wants those legislators punished and has sought the court’s opinion on a constitutional article about defections.
In response, a two-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial and Justice Munib Akhtar, decided to constitute a larger bench to hear the reference.
The reference, a copy of which is available with Arab news, calls defections from a political party a “morally reprehensible and destructive act which shakes the confidence of the public in the democratic process.”
Through the reference, the government has requested the court to give its opinion on whether a defector should be disqualified for life from electoral activity or public office and if his or her vote, after defecting, should be counted in a parliamentary motion.
During the hearing, the attorney general assured the court no lawmaker would be stopped from showing up in parliament and casting his or her vote on the no-confidence motion.
The chief justice urged the parliamentary parties to resolve their political differences in parliament, vowing that the apex court would not interfere in the proceedings of the lower house.
“Political parties should show their strength in parliament through constitutional and legal ways,” the chief justice remarked.
Pakistan’s key opposition parties launched a formal no-confidence vote against PM Khan earlier this month. Asad Qaiser, speaker of the National Assembly, convened a special session for this Friday to deliberate whether Khan still has majority support in the house.
Under the constitution, the parliament has three days to deliberate after which the lawmakers will vote, perhaps as early as Monday.