SC asks counsels to conclude arguments in presidential reference tomorrow

The Supreme Court on Tuesday rejected a request from the Attorney General of Pakistan (AGP) for concluding the hearing in presidential reference about the Senate open ballot on Wednesday, reported 24NewsHD TV channel.

The AGP argued that if the case was not completed tomorrow (Wednesday) then it would not be possible for the Election Commission of Pakistan (ECP) to conduct Senate elections on March 3.

He also told the court that except for political parties no one else has the right to present arguments in the case and bar councils have nothing to do with the political issue.

On this, Chief Justice of Pakistan (CJP) Justice Gulzar Ahmed remarked the court has to conclude the hearing keeping in view the time.

The five-judge apex court bench directed Senator Raza Rabbani and others to conclude his arguments tomorrow.

Chief Justice Gulzar Ahmed said, “Enforcement of law with good intention is necessary as the law is completely blind and innocent and implementation of the law with malicious intention causes problems.”

Justice Ijazul Ahsan observed that the entire procedure of the Senate elections has been in the law and not in the constitution. “Inform the court the procedure in which the vote can be monitored without affecting the secrecy,” Justice Ijaz said. “If corruption takes place before the voting, then vote review is unnecessary,” he observed.

Raza Rabbani argued that “It does not always happen that a party’s majority in assembly could provide it same weightage in the Senate under the proportional representation.” 

Rabbani said. “The number of seats could go up or down in the proportional representation system.”

Justice Ijazul Ahsan said that the rules made under the constitution but the rules made under the election law have no constitutional status.

Rabbani said that the Election Act also made under the command of the constitution. Justice Ijaz replied all laws born from the constitution. It is a fact that no law has been made for the presidential election. ” The Article 59 not saying that the election of the Senate will be held under the law,” Rabbani argued.

“The rules authorize the commissioner to issue instructions for the presidential election. Despite schedule 2, rules made for the presidential election,” Rabbani said. “My point is, the Senate elections also held under the constitution,” he stressed.

“The rules made under the constitution, the rules authorize the presidential election but the rules for the Election Act have no constitutional status,” Justice Ijaz said.

The court adjourned further hearing of the case till tomorrow (Wednesday).