Democracy can’t flourish if every member acts on his own: Justice Ahsan

SC larger bench hears presidential reference: CJP vexed over plea seeking case adjournment, says wants to wrap up case by tomorrow: Remarks Article 63-A saves system of a political party

By: 24 News
Published: 01:13 PM, 16 May, 2022
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Caption: File photo.
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While hearing presidential reference, Supreme Court Justice Ijazul Ahsan has remarked that if some member disagrees with his party’s policy, then he will be de-seated adding that it’s better for the member to resign than defection. The judge said that the dissident member should come back to assembly after seeking new mandate from public, reported 24NewsHD TV channel. 

Chief Justice of Supreme Court of Pakistan Umar Ata Bandial remarked that Article 63-A saves the system of a political party adding that there was also possibility that the dissident member could bring his party leader round and got his agreement.  

While disagreeing with the CJP’s view, lawyer Mustafa Ramday said that unfortunately our political parties did not have such democratic approach. 

Justice Ahsan remarked then how the democracy could be flourished in the country when every member would act on his own whim. 

He wondered if a lot of just 10-15 members could derail the whole system underlining that we should not be so weakened. 

Earlier Chief Justice of Pakistan Umar Ata Bandial expressed his vexation over the plea filed by the PML-N lawyer seeking adjournment of the presidential reference proceedings, 

A five-judge larger bench of the apex court headed by the Chief Justice of Pakistan Ata Bandial and comprising Justice Ijazul Ahsan, Justice Mazhar Alam, Justice Muneeb Akhar and Justice Jamal Khan Mandokhel was hearing the presidential reference on Monday seeking interpretation of Article 63.

At the outset of the hearing, additional attorney general and PML-N lawyer Makhdoom Ali Khan filed a plea requesting the bench to adjourn the hearing of the case. Vexed by the plea, the Chief Justice of Pakistan expressed his anger remarking that the request for adjournment meant that they wanted to delay the case. He told them off saying ‘don’t do such things which gives a wrong impression’. He said that court was ready to hear the case till late at night. 

Justice Mandokhel said that courts were available round-the-clock. 

CJP Bandial remarked that Attorney General of Pakistan Ashtar Ausaf and lawyer Makhdoom Ali Khan were representing the same party. He fumed at the absence of the AGP saying that Mr Ashtar Ausaf himself offered to present arguments in the case and court had also bound Mr Makhdoom to give his arguments today. 

The CJP directed the lawyer and the AGP to complete their arguments as he wanted to wrap up the case by tomorrow. 

Additional Attorney General Amir Rehman told the court that the AGP could not reach Islamabad due to his engagement in Lahore. He, however, said that Mr Ausaf left Lahore for Islamabad. 

Objecting to Mr Ausaf’s absence, PTI lawyer Babar Awan said that for the last two weeks, the court had been told that the AGP was either coming or going to somewhere. 

The Supreme Court adjourned the hearing of the case till 11:30am tomorrow. 

Reporter Amanat Gishkori