CJP Bandial asks country’s leadership to respect court decisions

Chief Justice of Pakistan Umar Atta Bandial has remarked that constitution is sacred and the court is the protector of the constitution expressing hope that the leadership of the country will respect the court decisions, reported 24NewsHD TV channel.

Supreme Court Chief Justice Bandial delivered these remarks while hearing the presidential reference seeking interpretation of Article 63-A on Monday. 

A five-judge bench of the Supreme Court headed by the chief justice of Pakistan heard the case. 

The top judge’s remarks clearly betrayed the court’s uneasiness over its recent verdict on National Assembly Deputy Speaker’s ruling which declared no-confidence vote block illegal and set the path for the removal of previous government. The judgement was severely hammered by one political party on social media and public gatherings as well. 

While hearing the presidential reference, Chief Justice Bandial remarked that the court was protector of the constitution as ‘constitution is sacred’. 

He expressed his hope that the country’s leadership would respect court’s decisions. He regretted “Our names are called when we protect the constitution”. He, however, vowed that court would go on performing their constitutional responsibilities and would defend constitution. 

Taking a jibe at the speeches in political gatherings, the CJP remarked that 10,000 to 15,000 people gathered at a place and started criticizing court decisions. Why should we have to make decisions, the CJP wondered but prodded the leadership on the matter saying they should respect the court decisions.

“National leaders should defend the court decisions,” CJP Bandial said. He said judges had to bear slights for protecting constitution. 

Addressing the attorney, he said ‘court sees no reason to get entangled in your political issues’. 

At the outset of the hearing, Additional Attorney General Amir Rehman pleaded with the court to wait for the appointment of new attorney general. But the CJP said that since the arguments of the former AGP Khalid Jawed Khan had been completed, so in his opinion the proceedings on the case could be carried on. 

While giving his arguments, Islamabad advocate general said that vote was a trust given to an individual by his party. He said one should not sell conscience for the sake of money. He requested the court to look into the Punjab situation. All stakeholders are looking towards the court, he added. 

Justice Jamal Khan Mandokhel remarked that some people wanted that they should be allowed to defect to other political parties and some did not like defections. He observed that there was no mention of lifelong disqualification in constitution. The judge said that they had no idea if this omission by the parliament was deliberate or not, but since parliament was there, it should deliberate on it and bring forth amendment. Why the court is being dragged in the issue, Justice Mandokhel wondered. 

Chief Justice Bandial remarked that political parties had been given protection in four ways in Article 63 but former military ruler Ziaul Haq took out the clause which put a ban on defection i.e. Article 63. But through 18th Amendment in 2010, the parliament included Article 63-A in the constitution.

The CJP said that there was no link between Article 6 and Article 63-A. He said the court would decide what would be the consequences if someone violated constitution. 

However, Islamabad advocate general while completing his arguments told the bench that the court had declared lifelong disqualification while interpreting the Article 62-I F. 

  

Reporter Amanat Gishkori