ISLAMABAD: Justice Ijaz-ul-Ahsan on Tuesday remarked that the lawmakers would stay disqualified until the Supreme Court cancels their disqualification.
Justice Ahsan made the remarks during the hearing of the presidential reference seeking the apex court’s opinion on Article 63-A of the Constitution, which is related to the disqualification of lawmakers over defection.
A five-member larger bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijaz-ul-Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail is hearing the reference.
During today’s hearing, PTI counsel Babar Awan argued that Article 63-A would be ridiculed if a de-seated lawmaker becomes a minister after getting elected again.
He said that even a defaulter on utility bills is not eligible for membership of the legislative assembly.
Upon this, Justice Mandokhel questioned whether the candidate would remain disqualified even if they were to pays the bill before the next elections.
Justice Ahsan remarked that non-payment of utility bills cannot make a candidate ineligible for life, thus making them eligible after clearance of bills.
The lawmakers would be disqualified for life if Article 63-A doesn’t define the duration of disqualification, Awan argued.
Awan said that defection was a very serious crime, to which Justice Mazhar Alam Mian Khel said that in his view violation of Article 63 (1)(g), pertaining to defamation of the army, was more serious crime than defection.
Presidential reference
The PTI-led government had filed the presidential reference for the interpretation of Article 63-A, asking the top court 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”.
In the reference, the government sought the apex court’s opinion on two interpretations of Article 63-A and which one should be adopted and implemented to achieve the constitutional objective of curbing the menace of defections, purification of the electoral process, and democratic accountability.
