Daily Times

The Supreme Court of Pakistan’s five-member larger bench will hear the Presidential Reference 01/2022 on Thursday, March 24. The Presidential Reference has sought SCP’s opinion on Article 63-A of the Constitution of Pakistan, which deals with the disqualification of parliamentarians over defection. The reference was submitted by Attorney General of Pakistan Khalid Jawed Khan on Monday, March 21. A two-judge bench, comprising Chief Justice of Pakistan Umar Ata Bandial and Justice Munib Akhtar, took up the reference along with a plea filed by the Supreme Court Bar Association (SCBA) seeking the top court’s intervention to prevent “anarchy” ahead of the no-trust vote fixed for March 25.

The reference presents two interpretations of Article 63-A and requests the court to advise which of them should be followed. According to the first interpretation, “khiyanat (dishonesty) by way of defections warrants no pre-emptive action save de-seating the member as per the prescribed procedure with no further restriction or curbs from seeking election afresh.”

The second interpretation “visualises this provision as prophylactic, enshrining the constitutional goal of purifying the democratic process, inter alia, by rooting out the mischief of defection by creating deterrence, inter alia, by neutralising the effects of vitiated vote followed by lifelong disqualification for the member found involved in such constitutionally prohibited and morally reprehensible conduct.”

The constitutional experts believe that the PTI MNAs can only go by the direction of their party, not by their conscience.

The Reference was filed days after several PTI lawmakers, who had been “in hiding” at the Sindh House in Islamabad, revealed themselves. It has proved the opposition’s claim of “winning over” some of the government’s Members of the National Assembly, and the members of the ruling coalition. Still, the political situation is abnormal with contrary claims while the government is putting its best to defuse the situation. The Presidential Reference is another such preemptive action by the government.

No-trust Motion succeed or not? Now, it depends on the SCP five-judge larger bench as to how it interprets the relevant Articles of the Constitution. A hearing on Monday was not up to the expectations of the opposition while the Supreme Court Bar Association plea too could not bear any fruit. Seemingly, all the attempts by “united opposition” are getting nowhere. The parties in the government coalition are still indecisive except MQM (Muttahida Qaumi Movement) which is said to be having a romance with PPP (Pakistan People’s Party) in Sindh recently against certain demands that have been agreed upon by the ruling party in Sindh province. Strangely, the opposition, especially PML-N, could not succeed to lure the government’s coalition parties in Punjab and other provinces. It would have been safe and fair play for the united opposition instead of allegedly “buying” PTI (Pakistan Tehreek-e-Insaf) Members of the National Assembly.

Now, the ball is in the SCP larger bench that is expected to be headed by Chief Justice of Pakistan, Justice Umar Ata Bandial. He has a strict adverse opinion about “defection” that PTI MNAs have publicly shown the consent of saying that “they will vote by their conscience.” And, they were “in hiding” in the Sindh House in Islamabad. The constitutional experts believe that the PTI MNAs can only go by the direction of their party, not by their conscience. It would be floor-crossing, which is prohibited by the Defection Clause of the Constitution. Excellent. What about the recent elections for the chairman of Senate?

Whatever situation emerges in the power corridors after the SCP observations on the Presidential Reference 01/2022, the public at large has to pay more for the sins of the political fiddlers. Undoubtedly, political interference is obvious. It is at its peak despite all the claims of neutrality by the people in uniform. Might is always right. But, why at this point? Why has the establishment slipped out of the page from its new baby? The more pertinent question is why a few weeks after PM Khan’s Moscow visit that was merely a sight-seeing? Just a “no camp” statement could lead to such a situation, though no commitments surfaced and no MOUs were signed? Going through the geopolitical commentaries in the international media about Pakistan’s present political turmoil, we can well feel the mockery of our state institutions that is being underlined as the actual fiddlers. What a banana republic we are.

We have been criticizing PTI chief Imran Khan for all dharna politics and disrupting socio-political and economic stability whatever it was five years back. Elements and factors that contributed to his rise to the premiership are well-known to everyone except the “youthias.” It was not his popularity or credibility, certainly. He, unfortunately, could never know that all the credentials of a political leader fail, if he has so, as he gets politically matured and tries to play impartial. We are an obliged slave to the West and the US, even to our armed state institutions. We have to remain so if the “same page” has to survive. Political immaturity of leaders, their rigidity and knowing nothing about the economy and international trade, and diplomacy would keep encouraging political fiddling everywhere. Will the tried, tested and failed return to the power corridors once again as a result of the present interference?

The writer is an Islamabad-based policy advocacy, strategic communication and outreach expert. He can be reached atdevcom.pakistan@gmail.com