CJP Bandial says Supreme Court expects politicians to defend its orders

Islamabad: Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial on Monday said the Supreme Court expects political leaders to defend judicial orders in public.

The remarks from the CJP were ostensibly directed towards the ex-prime minister Imran Khan who has publicly criticized the ‘midnight opening’ of the apex court to implement voting on no-confidence motion against him.

A five-member larger bench of the top court headed by Justice Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel resumed hearing of the presidential reference seeking interpretation of Article 63-A of the Constitution of Pakistan.

The apex court was also hearing Imran Khan’s plea seeking to declare the party’s dissenters ineligible for life.

PTI’s lawyer Babar Awan requested the court issue notices to the respondents of the case. At this, CJP Bandial asked Awan to present his case first before the court issues the notices.

During the hearing, the Islamabad advocate-general sought lifetime ineligibility of the lawmakers over defection. He also pleaded with the court to give its ruling in the case expeditiously keeping in view the situation in Punjab and the Centre.

Justice Mandokhel remarked that the parliament did not include lifelong disqualification in Article 63-A and sought an answer if it was deliberate.

The judge said half of the people would agree with the top court’s order and half won’t because favour of lifelong disqualification of lawmakers over defection is not ‘unanimous’.

“Why do you want the Supreme Court to decide this when there is Parliament?” he asked.

CJP Bandial asked, “Why should we give the verdicts when 10-15 thousand people start criticizing judicial orders – why should the court take part in your political debates?”

“We expect political leaders to defend judicial orders in public,” he said.

CJP said protecting and ensuring the rule of law is the court’s responsibility and remarked that the national leaders must defend court decisions.

He said One of the foundations of parliamentary democracy is the political party and added political parties are protected under Article 63 in four cases.

CJP remarked that the Zia-ul-Haq had removed the provision of the ban on deviation from the party from the constitution.

He said Article 63-A was added in 2010 through the 18th Amendment and violation of the Constitution is not a trivial matter.

Many people go to Article 6 for violating the constitution however violation of Article 63-A is not a case of Article 6, CJP said.

The judge said according to the presidential reference, Article 62-1 should be applied to deviant members, and they will decide the consequences of deviating from the constitution.

He remarked that it is up to the party chief to take action against the deviant member.

CJP said the court works 24 hours a day and no one needs to point fingers at the court proceedings.

Earlier in the hearing, Additional Attorney General (AAG) Amir Rehman came on the rostrum and told the court that a new attorney general (AG) has not been appointed yet. If the court thinks it’s appropriate, wait for the appointment of a new AG.

Khalid Javed Khan stepped down as the AGP on the night of former prime minister Imran Khan’s ouster through a vote of no confidence on April 9.

Responding to the AAG’s statement, CJP Bandial remarked that Khalid Javed had completed his arguments as the AGP while the political parties are yet to complete their arguments.

The new AGP can give the arguments at the end of the case if he wants, the judge added. Later, the court adjourned the hearing.