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Sunday, October 13, 2024  
09 Rabi Al-Akhar 1446  

SC will set aside ‘mala fide’ new election law, claims Fawad

Says apex court judgement cannot be overruled by legislative jurisdiction
Exclusive interview of Fawad Chaudhry - Rubaroo with Shaukat Piracha | August 11, 2024 | Aaj News

Former information minister Fawad Chaudhry has claimed that the Supreme Court would set aside the new election law, apparently aimed at circumventing the SC’s July 12 ruling, which granted the PTI reserved seats and set it to re-emerge as the single largest party in the National Assembly.

“This law even who made it knew that it was made to brought before the SC to set it aside and then they [the government ministers] will cry foul,” he said while appearing on Rubaroo aired on Aaj News on Sunday.

When pressed, he reiterated what he said and added that it was a “mala fide” law and made to defeat the Supreme Court judgement.

Last week, President Asif Ali Zardari signed the Election Amendment Bill 2024 into an Act. The bill was approved by Parliament amid PTI’s protest.

According to Federal Minister for Information Attaullah Tarar, the new law was meant to stop floor crossing. PML-N lawmaker Bilal Azhar Kayani introduced the bill in the NA a week ago, after which it had been rushed through the lower house’s Standing Committee on Parliamentary Affairs despite Imran Khan party’s reservations.

It proposed changes to the Elections Act 2017, relating to the candidate’s decision to file a certificate of party affiliation, party lists for reserved seats, and consent for joining of political party by an independent.

“The Supreme Court is the ultimate arbiter to define the Constitution,” Fawad said and added that an apex court judgement can only be nullified by Parliament when it has a 2/3 majority. He added that the SC exercised Article 184(3) of the Constitution in the reserved seats case decision.

“This election act is an attack on the SC by the government that’s why the SC is taking it differently. This is a clash and it will exacerbate,” the former information minister said and claimed that the Election Commission of Pakistan was in “serious trouble” after the detailed decision on the case would be released in September.

While speaking about the turmoil in domestic politics, he stated that the PTI could not be cornered and added that Imran Khan was the “biggest leader” in the country.

“How Pakistan will be normal without the inclusion of Imran Khan in politics,” Fawad said and added that the former prime minister’s last offer for talks was not received well by either the government or the establishment.

He was of the view that no one would be “so rash” to send Khan’s cases to the military courts. Fawad added that there were no signs of backdoor talks between the PTI and the establishment, citing there could have been some hint if Khan was shifted from the death cell to the A-Class in the jail.

According to Fawad, Khan never idealised Bengali leader Sheikh Mujeebur Rehman. “I think Khan’s statement in Bangladesh revolution context reiterates that not accepting election results can give horrific outcomes. Pakistan and Bangladesh had the same elections,” he said.

At one point, he said that Quaid-i-Azam Muhammad Ali Jinnah wanted Pakistan and India to have relations like the USA and Canada but that never materialised.

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