Justice Ijazul Ahsan of the Supreme Court (SC) on Tuesday remarked that the constitution did not bar any member of a political party from casting vote against the party lines and in case he did it would have to be proved that the legislator did it with a mala fide intent, reported 24NewsHD TV channel.

In his remarks during the hearing of the presidential reference on holding Senate elections via open ballot, the apex court said one of the country’s largest parties had also fallen prey to horse-trading.

Giving his arguments in the case, Attorney General of Pakistan (AGP) Khalid Jawed Khan said that the Election Act was silent on elections for the seats of president, prime minister and chief ministers. “Only Senate’s composition is mentioned in the constitution,” he said.

The AGP further said that the Election Commission of Pakistan (ECP) was a powerful institution only if the commission learnt how to use these powers. “The government wants holding of Senate elections through open ballot just in order to ensure transparency,” he said and added the legislator was answerable to the people of his constituency for the vote he had cast.

Chief Justice of Pakistan (CJP) Gulzar Ahmed, on the occasion, asked whether open ballot would eliminate the chances of voting against the party lines. 

The AGP replied that at least party members of that legislator would be aware as which candidate he had cast his vote for. “Political parties do not give tickets for elections to the turncoats,” he told the court.

On this occasion, the CJP told the AGP that both Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP) had not opposed the presidential reference as yet.

AGP Khalid Jawed Khan said that the ECP did not want Senate elections via open ballot. “Besides that, Jamaat-e-Islami (JI) and Jamiat Ulema-e-Islam-Fazl (JUI-F) have opposed the reference,” he said.

The attorney general will continue his remarks as the apex court resumes hearing of the presidential reference tomorrow (Wednesday).