The Supreme Court on Monday accepted for preliminary hearing a petition filed by Jamiat Ulema-e-Islam (JUI) against the presidential ordinance on holding of Senate elections through open ballot.
During the hearing of the presidential reference, Chief Justice Gulzar Ahmed remarked that the ordinance would be null and void if the court comes to the conclusion that the Senate elections are under the constitution.
A five-member bench, headed by Chief Justice Gulzar Ahmed, heard the presidential reference on Senate elections. JUI lawyer Kamran Murtaza argued that the government had promulgated the ordinance for holding Senate election through open ballot. He said that the government did not respect the court proceedings and issued the ordinance. “To date, no such legislation has been enacted. The government made its decision even before the Supreme Court,” he added.
The chief justice remarked that the ordinance is subject to judicial opinion. “The government issued the ordinance on the basis of speculation. We know how the ordinance was issued but the ordinance has been issued. No one can stop the government from issuing ordinances,” he added.
The chief justice remarked that if the court gives opinion different from the government’s position, the reference will be lost.
He said the petition regarding the ordinance will also be heard along with the case. The court also issued notices to the attorney general on a petition against the presidential ordinance.
During the hearing, PPP’s Raza Rabbani presented his arguments before the court. “The ordinance states that it will come into force immediately … what will happen to the ordinance if the opinion of the court differs from that of the government,” he asked. Justice Ijaz-ul-Ahsan remarked that the ordinance states that it will be effective subject to judicial opinion. The court remarked that the ordinance would have been declared null and void if it had not been conditional. “Even under the ordinance, voting will be secret. Votes can be viewed later on by filing an application,” it added.
During the arguments, Senator Raza Rabbani came to the rostrum and said that no political party is in favour of corrupt people becoming member of the Senate. To this, the chief justice asked that what happened on Thursday. “Different positions were taken there.”
The attorney general said that two major political parties are not a party to the hearing of the presidential reference. “I want to correct here, the PPP through the Sindh government is a party here,” Raza Rabbani responded.
The chief justice said that neither the government nor the political party can speak on behalf of the government. Raza Rabbani said that the government is not separate from the party. The attorney general said that it is very strange that advocate general Sindh is representing the PPP. “I am not representing the PTI in the instant matter. I am representing the federation,” he clarified.
The case was later adjourned until Wednesday (tomorrow).