ISLAMABAD: The federal government today filed the reference in the Supreme Court for the interpretation of Article 63A.
Attorney-General of Pakistan Khalid Javed Khan filed the referencee on behalf of President Arif Alvi.
Meanwhile, President of the Supreme Court Bar Association (SBCA) Ahsan Bhoon, told media at the apex court that the reference was non-maintainable.
“The petition filed on Article 63A is not maintainable,” Bhoon said.
He said that the Constitution gives the right to appeal, but first an order has to be issued by the Election Commission of Pakistan and then an appeal can be filed.
“Can a crime be punished before it is committed?” he asked.
He said that a democratically elected speaker of the NA can abide by the law.
“Earlier, it was said that an (army) general ruined the Constitution and then tit was said judges did it, but it is the first time that a speaker in Parliament has sabotaged Article 95.”
As a lawyer, he believes that the lawyers community is neutral and wants the supremacy of law, the SCBA president concluded.
Federal Minister for Planning, Development, Reforms and Special Initiatives Asad Umar on Sunday had said in a tweet that the reference was “ready” to be filed in the apex court.
“Hopefully the case will put the bizarre trade of buying loyalties and becoming a turncoat in politics to an end forever and the influence of money in politics would be reduced,” Umar wrote.
Meanwhile, former law minister and eminent constitutional expert Aitzaz Ahsan said that Article 63A is applicable to a member who votes against his party policy and that without casting a vote, a member of the assembly could not be disqualified.
