Resignation honourable way out for dissident lawmakers, observes SC judge

[HAIDER]

Resignation honourable way out for dissident lawmakers, observes SC judge​

Haseeb BhattiPublished April 22, 2022 - Updated 19 minutes ago




0
Supreme Court Justice Munib Akhtar, who is part of a five-member bench hearing a presidential reference seeking the SC's interpretation of Article 63-A of the Constitution, observed on Friday that the "honourable way out for dissident lawmakers is to resign and go home".
He was responding to PML-N counsel Makhdoom Ali Khan's argument that disloyalty to the party was different from disloyalty to the state.
During a hearing earlier this week, Justice Akhtar had likened defection in parliamentary democracy to the devastation wrought by cancer on a human body.
The five-member bench of the SC hearing the presidential reference, which is related to disqualification of lawmakers over defection, is headed by Chief Justice of Pakistan Umar Ata Bandial and comprises Justice Akhtar, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail.
When the hearing resumed today, PTI counsel Ali Zafar continued his arguments, saying the purpose of Article 63-A was to end horse-trading.
"Violation of 63-A is a violation of the Constitution," he said, adding that votes cast by dissident lawmakers would not be counted as per the concerned article.
"There are court decisions on the role and importance of political parties. Independents and ticket holders of political parties become members [of the National Assembly] and Article 63-A is related to a member of the latter," he said.
Justice Ahsan questioned whether Zafar meant the votes would not be counted under Article 63-A, to which the counsel replied that he was saying the same in light of judicial interpretation.
The judge observed that counting of votes and dissent were two separate matters, asking whether a lawmaker's vote would not be counted even if there were no instructions from the party head.
Zafar replied that the party head would first issue instructions about voting and then the declaration regarding dissident members.
Justice Mandokhail then repeated Justice Ahsan's question about counting of votes in the absence of instructions from the party head, observing that if votes were not counted, it would mean no wrong had been committed since the concerned Article would come into force only after the vote has been cast.
He observed that according to Article 63-A, a dissident lawmaker could cast his vote but he would subsequently lose his seat.
Meanwhile, Justice Miankhel observed that the party head could only give a declaration after the vote had been cast, adding that the party chief could inform the speaker even while polling was going on.
Justice Mandokhail pointed out that after the vote had been cast, the party chief would first issue a show cause notice and seek the dissident member's reply.

Presidential reference​

Ahead of its ouster, the PTI government had filed a presidential reference for the interpretation of Article 63-A, asking the top court about the "legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money".
The presidential reference was filed under Article 186 which is related to the advisory jurisdiction of the SC.
In the reference, President Dr Arif Alvi also asked the apex court whether a member who "engages in constitutionally prohibited and morally reprehensible act of defection" could claim the right to have his vote counted and given equal weightage or if there was a constitutional restriction to exclude such "tainted" votes.
He also asked the court to elaborate whether a parliamentarian, who had been declared to have committed defection, would be disqualified for life. Alvi cautioned that unless horse-trading is eliminated, "a truly democratic polity shall forever remain an unfilled distant dream and ambition".
"Owing to the weak interpretation of Article 63-A entailing no prolonged disqualification, such members first enrich themselves and then come back to remain available to the highest bidder in the next round, perpetuating this cancer."
The reference had been filed at a time when the then-opposition claimed the support of several dissident PTI lawmakers ahead of voting on the no-confidence resolution against then-prime minister Imran Khan. Eventually, the dissident lawmakers votes were not needed in Khan's removal, as the opposition managed to stitch together support from government-allied political parties.
However, the role of dissident lawmakers was crucial in the election of opposition candidate Hamza Shehbaz as the Punjab chief minister who bagged 197 votes, including from 24 PTI dissidents.

Article 63-A​

According to Article 63-A of the Constitution, a parliamentarian can be disqualified on grounds of defection if he "votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill".
The article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will "provide such member with an opportunity to show cause as to why such declaration may not be made against him".
After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member "shall cease to be a member of the House and his seat shall become vacant".

---

More to follow.

 

[coffee_cup]

Ban them already for life.

If you have a tiny bit of self respect left. Judiciary is already considered the MOST corrupt institution in Pakistan.

 

[Shah_Deu]

The talk of giving honourable way to soldouts is in itself disgusting.

 

[maverick1977]

Resignation honourable way out for dissident lawmakers, observes SC judge​

Haseeb BhattiPublished April 22, 2022 - Updated 19 minutes ago




0
Supreme Court Justice Munib Akhtar, who is part of a five-member bench hearing a presidential reference seeking the SC's interpretation of Article 63-A of the Constitution, observed on Friday that the "honourable way out for dissident lawmakers is to resign and go home".
He was responding to PML-N counsel Makhdoom Ali Khan's argument that disloyalty to the party was different from disloyalty to the state.
During a hearing earlier this week, Justice Akhtar had likened defection in parliamentary democracy to the devastation wrought by cancer on a human body.
The five-member bench of the SC hearing the presidential reference, which is related to disqualification of lawmakers over defection, is headed by Chief Justice of Pakistan Umar Ata Bandial and comprises Justice Akhtar, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail.
When the hearing resumed today, PTI counsel Ali Zafar continued his arguments, saying the purpose of Article 63-A was to end horse-trading.
"Violation of 63-A is a violation of the Constitution," he said, adding that votes cast by dissident lawmakers would not be counted as per the concerned article.
"There are court decisions on the role and importance of political parties. Independents and ticket holders of political parties become members [of the National Assembly] and Article 63-A is related to a member of the latter," he said.
Justice Ahsan questioned whether Zafar meant the votes would not be counted under Article 63-A, to which the counsel replied that he was saying the same in light of judicial interpretation.
The judge observed that counting of votes and dissent were two separate matters, asking whether a lawmaker's vote would not be counted even if there were no instructions from the party head.
Zafar replied that the party head would first issue instructions about voting and then the declaration regarding dissident members.
Justice Mandokhail then repeated Justice Ahsan's question about counting of votes in the absence of instructions from the party head, observing that if votes were not counted, it would mean no wrong had been committed since the concerned Article would come into force only after the vote has been cast.
He observed that according to Article 63-A, a dissident lawmaker could cast his vote but he would subsequently lose his seat.
Meanwhile, Justice Miankhel observed that the party head could only give a declaration after the vote had been cast, adding that the party chief could inform the speaker even while polling was going on.
Justice Mandokhail pointed out that after the vote had been cast, the party chief would first issue a show cause notice and seek the dissident member's reply.

Presidential reference​

Ahead of its ouster, the PTI government had filed a presidential reference for the interpretation of Article 63-A, asking the top court about the "legal status of the vote of party members when they are clearly involved in horse-trading and change their loyalties in exchange for money".
The presidential reference was filed under Article 186 which is related to the advisory jurisdiction of the SC.
In the reference, President Dr Arif Alvi also asked the apex court whether a member who "engages in constitutionally prohibited and morally reprehensible act of defection" could claim the right to have his vote counted and given equal weightage or if there was a constitutional restriction to exclude such "tainted" votes.
He also asked the court to elaborate whether a parliamentarian, who had been declared to have committed defection, would be disqualified for life. Alvi cautioned that unless horse-trading is eliminated, "a truly democratic polity shall forever remain an unfilled distant dream and ambition".
"Owing to the weak interpretation of Article 63-A entailing no prolonged disqualification, such members first enrich themselves and then come back to remain available to the highest bidder in the next round, perpetuating this cancer."
The reference had been filed at a time when the then-opposition claimed the support of several dissident PTI lawmakers ahead of voting on the no-confidence resolution against then-prime minister Imran Khan. Eventually, the dissident lawmakers votes were not needed in Khan's removal, as the opposition managed to stitch together support from government-allied political parties.
However, the role of dissident lawmakers was crucial in the election of opposition candidate Hamza Shehbaz as the Punjab chief minister who bagged 197 votes, including from 24 PTI dissidents.

Article 63-A​

According to Article 63-A of the Constitution, a parliamentarian can be disqualified on grounds of defection if he "votes or abstains from voting in the House contrary to any direction issued by the parliamentary party to which he belongs, in relation to election of the prime minister or chief minister; or a vote of confidence or a vote of no-confidence; or a money bill or a Constitution (amendment) bill".
The article says that the party head has to declare in writing that the MNA concerned has defected but before making the declaration, the party head will "provide such member with an opportunity to show cause as to why such declaration may not be made against him".
After giving the member a chance to explain their reasons, the party head will forward the declaration to the speaker, who will forward it to the chief election commissioner (CEC). The CEC will then have 30 days to confirm the declaration. If confirmed by the CEC, the member "shall cease to be a member of the House and his seat shall become vacant".

---

More to follow.

Time to cleanse pakistan from corrupt adlia.. they need to be send to gallows

 

[Destranator]

Resignation honourable way out for dissident lawmakers, observes SC judge​

What about sellout Justices?

 

[Imran Khan]

Judges should resign first

 

[maverick1977]

*Treachery and Betrayal - Bajwa Doctrine- Part 3- Options....*

*- Haider Mehdi- 22 Apr 22*

I've received some harsh criticism from some of my friends in Khaki for using words like "treachery" and "betrayal" for the actions of the Army Chief, Gen. Qamar Javed Bajwa and the role he played in the ouster of PM Imran Khan.

The argument proferred to me is that while Gen. Bajwa made a huge mistake in removing Imran in the manner he did, but Imran is also to be blamed for not listening to the Chief's advice, for being insensitive, arrogant and all the rest....etc etc

To which the answer is simple.

Does this give the Army Chief the right to remove a legally elected government and promote the USA's desire of regime change in Pakistan by bringing back a group of pliant, spineless, weak, highly compromised, corrupt individuals into government, easily controlled by Gen. Bajwa and act on USA orders?

This attempt at promoting USA interests of controlling Pakistan is the first step by them to regain back their control of the Region and re-start the USA's efforts to blunt the Chinese juggernaut and stop any attempts at a powerful pan Asia bloc comprising China, Russia, Iran, Turkey and some Central Asian countries.

The Great Game has restarted with contours well beyond Pakistan or Imran or the current Pakistani government.

This event is now no longer about Imran. It's now about Pakistan.

In that process, Gen. Bajwa's highly inflammable actions have turned Pakistan into a potential internal battle zone, pitting citizens against each other and most dangerously pitting many against the Army, because of the actions of one man who masterminded this whole scheme.

The Pakistan Army is our last bulwark against external and internal enemies and to see and hear serious questions raised against it is frightening and unprecedented and very painful.

This is the perfect storm of divided loyalties, serious disagreements and extremely volatile emotions against the institution, which even our enemies could not have hoped for in their wildest dreams or imaginations.

And all because of one man!

The Pakistan Army's discipline, its code of conduct and unity of command and loyalty to their Chief is legendary.

Had it not been so, we would have witnessed blood baths and civil war and the destruction of this great institution much earlier.

PM Imran has adopted an incredibly wise position to highlight the critical importance of our armed forces and advising all of his supporters to not criticise them under any circumstances.

The Question.

Why have we come to a situation where, if push comes to shove, and with their backs to the wall, a people who love their Army and their country, Pakistan, are forced to chose between the two?

Why should people have to make this awful and very difficult choice?

Why should people be brought to that level of disillusionment, anger, frustration, humiliation, insult, disgust and God Forbid, public violence in seeing the most visible symbol of this great Army, its current Chief, foisting a bunch of corrupt thieves, looters and plunderers, on them?

There is no doubt that Gen. Bajwa's credibility, his personal reputation and above all his moral authority, as the Army Chief has been greatly shakened, weakened and under tremendous strain and pressure because of his role in this whole saga.

This is irrespective of any brave face he may put on or the "sub acha" reports he gets or be blind to and ignore the massive mistake he's committed.

Everyday he must know and see the massive overt and covert backlash against him, both from within and outside the army, putting great strains on the Army's discipline, its code of conduct and its unity of command and loyalty to the Chief.

As Pakistanis loyal to the Country, people close to Gen. Bajwa, both in and out of uniform, must muster and pluck up the courage, in the interest of the country and counsel him aggressively and strongly and I mean very very strongly to set things right before things get out of control and the Army gets into confrontation with the masses on the roads.

Gen. Bajwa's latest action to take Shahbaz Sharif to North Waziristan, have him briefed by Gen. Faiz Hamid, was an act of supreme foolishness.

If the objective was to show his control over the institution and its loyalty to its chief and its subservience to the PM, then unfortunately for him, it failed miserably.

There were howls of pained disbelief and angry outrage from serving and retired rank and file and ordinary Pakistanis, to see their beloved Army being subjected to the humiliating and nightmarish spectacle of brigands like Shahbaz, Khawaja Asif and mercies upon mercies, Rana Sanaullah smugly and gleefully, watching Gen. Faiz brief them.

Enough said. Here are some options in front of us.

*One*
Gen. Bajwa, sees the writing on the wall, realizes what a major blunder he has committed, uses his influence with the judiciary to get rid of the current administration and install a neutral caretaker administration and hold elections, even if its November.

Several very strong options are available which the courts can use.

1. 63 A hearing by the SC to deliver a verdict against those who went or voted against party lines as well as pass a verdict against those who indulged in horse trading.

2. A Judicial commission on lettergate which determines that a conspiracy resulted in the illegal ouster of a legally elected government.

3. The Punjab CM election deadlock. A clear verdict voiding all PTI VOTES cast in favor of Hamza.

*Two*
The ECP accepts PTI resignations resulting in Gen. Bajwa "nudging" Shahbaz to dissolve assemblies and call for fresh elections.

This could also force another vote of no confidence against Shahbaz to bring down the house of cards.

*Three*.
Gen. Bajwa is strongly and politely but firmly "requested" by his inner circle to resign or take premature retirement to safeguard the integrity of the Army, and bring down the temperatures with the current Chairman JCSC, temporarily taking over the duties of the Chief till a new one is appointed in November, 2022.

The interim Chief should then step in to do the needful.

This is not a desirable option as it will cast a serious blow to the Army's traditions. But if this is what will save Pakistan, then so be it.

*Four*
The least desirable option, fraught with frightening possibilities is for people to take matters into their own hands and force Gen. Bajwa's hand.

A terrible option, as I said earlier, but could happen if the people have no choice and are pushed into a corner with their backs to the wall.

There is still time to set things right.

There is still time to stop the USA from once again making Pakistan its client state.

There is still time to stop the country from heading into a nightmare of violence, anarchy and civil unrest.

There is still time to stop this country reverting to the dark days of Jack booted fascism.

There is still time to undo this mess and get rid of these looters and plunderers back in government.

There is still time, Sir!
There is still time!

Pay heed to the march of history.

Pay heed to the voices, fears and emotions of the vast majority of men and women, young and old, rich or poor, in the homes and streets of Pakistan, Sir.

No one wants violence, clashes, civil unrest.

But everyone, barring the odd few, wants a self respecting and independent Pakistan, free from the clutches and claws of the corrupt mafia now in government and the ugly talons of an external imperial power.

Gen. Bajwa, please do what is right for Pakistan!

 

[Guli Danda Expert]

*Treachery and Betrayal - Bajwa Doctrine- Part 3- Options....*

*- Haider Mehdi- 22 Apr 22*

I've received some harsh criticism from some of my friends in Khaki for using words like "treachery" and "betrayal" for the actions of the Army Chief, Gen. Qamar Javed Bajwa and the role he played in the ouster of PM Imran Khan.

The argument proferred to me is that while Gen. Bajwa made a huge mistake in removing Imran in the manner he did, but Imran is also to be blamed for not listening to the Chief's advice, for being insensitive, arrogant and all the rest....etc etc

To which the answer is simple.

Does this give the Army Chief the right to remove a legally elected government and promote the USA's desire of regime change in Pakistan by bringing back a group of pliant, spineless, weak, highly compromised, corrupt individuals into government, easily controlled by Gen. Bajwa and act on USA orders?

This attempt at promoting USA interests of controlling Pakistan is the first step by them to regain back their control of the Region and re-start the USA's efforts to blunt the Chinese juggernaut and stop any attempts at a powerful pan Asia bloc comprising China, Russia, Iran, Turkey and some Central Asian countries.

The Great Game has restarted with contours well beyond Pakistan or Imran or the current Pakistani government.

This event is now no longer about Imran. It's now about Pakistan.

In that process, Gen. Bajwa's highly inflammable actions have turned Pakistan into a potential internal battle zone, pitting citizens against each other and most dangerously pitting many against the Army, because of the actions of one man who masterminded this whole scheme.

The Pakistan Army is our last bulwark against external and internal enemies and to see and hear serious questions raised against it is frightening and unprecedented and very painful.

This is the perfect storm of divided loyalties, serious disagreements and extremely volatile emotions against the institution, which even our enemies could not have hoped for in their wildest dreams or imaginations.

And all because of one man!

The Pakistan Army's discipline, its code of conduct and unity of command and loyalty to their Chief is legendary.

Had it not been so, we would have witnessed blood baths and civil war and the destruction of this great institution much earlier.

PM Imran has adopted an incredibly wise position to highlight the critical importance of our armed forces and advising all of his supporters to not criticise them under any circumstances.

The Question.

Why have we come to a situation where, if push comes to shove, and with their backs to the wall, a people who love their Army and their country, Pakistan, are forced to chose between the two?

Why should people have to make this awful and very difficult choice?

Why should people be brought to that level of disillusionment, anger, frustration, humiliation, insult, disgust and God Forbid, public violence in seeing the most visible symbol of this great Army, its current Chief, foisting a bunch of corrupt thieves, looters and plunderers, on them?

There is no doubt that Gen. Bajwa's credibility, his personal reputation and above all his moral authority, as the Army Chief has been greatly shakened, weakened and under tremendous strain and pressure because of his role in this whole saga.

This is irrespective of any brave face he may put on or the "sub acha" reports he gets or be blind to and ignore the massive mistake he's committed.

Everyday he must know and see the massive overt and covert backlash against him, both from within and outside the army, putting great strains on the Army's discipline, its code of conduct and its unity of command and loyalty to the Chief.

As Pakistanis loyal to the Country, people close to Gen. Bajwa, both in and out of uniform, must muster and pluck up the courage, in the interest of the country and counsel him aggressively and strongly and I mean very very strongly to set things right before things get out of control and the Army gets into confrontation with the masses on the roads.

Gen. Bajwa's latest action to take Shahbaz Sharif to North Waziristan, have him briefed by Gen. Faiz Hamid, was an act of supreme foolishness.

If the objective was to show his control over the institution and its loyalty to its chief and its subservience to the PM, then unfortunately for him, it failed miserably.

There were howls of pained disbelief and angry outrage from serving and retired rank and file and ordinary Pakistanis, to see their beloved Army being subjected to the humiliating and nightmarish spectacle of brigands like Shahbaz, Khawaja Asif and mercies upon mercies, Rana Sanaullah smugly and gleefully, watching Gen. Faiz brief them.

Enough said. Here are some options in front of us.

*One*
Gen. Bajwa, sees the writing on the wall, realizes what a major blunder he has committed, uses his influence with the judiciary to get rid of the current administration and install a neutral caretaker administration and hold elections, even if its November.

Several very strong options are available which the courts can use.

1. 63 A hearing by the SC to deliver a verdict against those who went or voted against party lines as well as pass a verdict against those who indulged in horse trading.

2. A Judicial commission on lettergate which determines that a conspiracy resulted in the illegal ouster of a legally elected government.

3. The Punjab CM election deadlock. A clear verdict voiding all PTI VOTES cast in favor of Hamza.

*Two*
The ECP accepts PTI resignations resulting in Gen. Bajwa "nudging" Shahbaz to dissolve assemblies and call for fresh elections.

This could also force another vote of no confidence against Shahbaz to bring down the house of cards.

*Three*.
Gen. Bajwa is strongly and politely but firmly "requested" by his inner circle to resign or take premature retirement to safeguard the integrity of the Army, and bring down the temperatures with the current Chairman JCSC, temporarily taking over the duties of the Chief till a new one is appointed in November, 2022.

The interim Chief should then step in to do the needful.

This is not a desirable option as it will cast a serious blow to the Army's traditions. But if this is what will save Pakistan, then so be it.

*Four*
The least desirable option, fraught with frightening possibilities is for people to take matters into their own hands and force Gen. Bajwa's hand.

A terrible option, as I said earlier, but could happen if the people have no choice and are pushed into a corner with their backs to the wall.

There is still time to set things right.

There is still time to stop the USA from once again making Pakistan its client state.

There is still time to stop the country from heading into a nightmare of violence, anarchy and civil unrest.

There is still time to stop this country reverting to the dark days of Jack booted fascism.

There is still time to undo this mess and get rid of these looters and plunderers back in government.

There is still time, Sir!
There is still time!

Pay heed to the march of history.

Pay heed to the voices, fears and emotions of the vast majority of men and women, young and old, rich or poor, in the homes and streets of Pakistan, Sir.

No one wants violence, clashes, civil unrest.

But everyone, barring the odd few, wants a self respecting and independent Pakistan, free from the clutches and claws of the corrupt mafia now in government and the ugly talons of an external imperial power.

Gen. Bajwa, please do what is right for Pakistan!

He is not going to listen.. He will fulfill his commitments at any COST. .. Another yahya khan is in making.. Anonther fall is in the line.

 

[maverick1977]

He is not going to listen.. He will fulfill his commitments at any COST. .. Another yahya khan is in making.. Anonther fall is in the line.

its do or die for Pakistan. Either civil unrest or death of Ashrafian (batil)

 

[Hallian_Khan]

Morons still trying their best to give them honourable exit? Still trying to protect the whores of politics? These 5 morons are the ones who should resign first...

 

[RIP Pak LAW]

Why wasting time on it. Just ban these lotas for 10 years

 

[PurpleButcher]

BC you are paid not to give honorable ways to thugs, bloody panchayat mindset! do JUSTICE!

make examples out of thugs!

You have 50,000+ cases pending in SC alone of the masses and u waste time to find a win win solution for rich powerful crooks!

Whenever masses go beserk, judiciary would be the first on the hitlist!

 

[War Historian]

So you are telling us, imran is mujeeb 2.0 and pti will divide Pakistan for their lust of power.what a shame you guys are crossing every limit to bring the charsi back into power. You are a really worshipping the idol. Please think out of the box, he is not the first PM of the Pakistan. We lost better than this man.still Pakistan is going good.destiny will bring better people for this country. Keep faith in Almighty Allah

He is not going to listen.. He will fulfill his commitments at any COST. .. Another yahya khan is in making.. Anonther fall is in the line.

 

[ghazi52]

Okay what about this...........

Chaudhry Salik Hussain, son of Chaudhry Shujaat Hussain also took oath as Federal Minister....

 

[ARMalik]

These Fuking judges are nothing but absolute Nasty pieces of Garbage still having the audacity to lecture others and giving "Honorable Exits" to Thugs.