Chief Justice of Pakistan Justice Umar Atta Bandial has remarked that politicians should have to make sacrifices in order to steer the country towards mature democracy while insisting on knowing how far the court could go to give its opinion on Article 63-A, reported 24NewsHD TV channel.
CJP Bandial stated this while hearing the presidential reference seeking interpretation of Article 63-A on Friday. He was heading a five-judge larger bench of the apex court which also comprised Justice Ijazul Ahsan, Justice Mazhar Alam, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhel.
During the hearing PML-N lawyer Makhdoom Ali Khan and PTI lawyer Ali Zafar gave their arguments.
Chief Justice of Pakistan Bandial remarked that it was court’s duty to answer all the constitutional questions but he wanted to know how far the court could go while giving its opinion on the interpretation of Article 63-A.
The top judge wondered whether the court was restricted to the questions asked in the reference or it could deviate from it and could go further while giving its opinion on the said article.
He said the country should be steered towards mature democracy. “And for mature democracy, it is important for the legislators to have a thorough discussion. The politicians should have to make sacrifices for this purpose”, the CJP added.
PML-N lawyer Makhdoom Ali said that sometimes loyalty towards party was in conflict with loyalty towards state.
He argued that Article 63-A was not aimed at thwarting defections in a party.
On this, Justice Muneeb remarked that the honorable way out for the dissidents was that they should resign and go home.
PTI lawyer Ali Zafar said that a political parliamentary party did have a constitution. Decisions are taken on the basis of majority votes in political parties, he added.
Justice Mandokhel remarked why political parties did not cure this cancer themselves. Only one party is against defections, he added.
After this, the court asked the PTI lawyer to provide his written submissions to the court.
With this, the court put off the hearing of the presidential reference after Eid.
Reporter Amanat Gishkori