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Presidential ordinance on Senate polls appears to be based mostly on hypothetical precept, says CJP

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  • SC on Monday hears the presidential reference concerning the introduction of open-ballot voting within the Senate election
  • CJP says ordinance appears to be based mostly on hypothetical precept, including that president can’t be stopped from issuing the ordinance 
  • Justice Ijaz-ul-Haq says the ordinance might be challenged within the Excessive Court docket 

The Supreme Court docket on Monday heard a presidential reference concerning the introduction of an open-ballot voting system within the upcoming Senate elections, Geo Information reported.

Through the listening to, Chief Justice of Pakistan Gulzar Ahmed mentioned that the ordinance appears to be “based on hypothetical principle,” including that the “president cannot be prevented from issuing the ordinance.”

Justice Ijaz-ul-Haq remarked that if there was any contradiction within the ordinance and the court docket replied within the detrimental, it might routinely change into ineffective.

Justice Umar Atta Bandial requested: “Why was the election of the prime minister and ministers, under Article 226, done through secret balloting?”

The choose remarked that the nation has additionally seen some good politicians, including that not all of them ought to be handled equally.

Through the listening to, the court docket additionally issued a discover to the Legal professional Normal on the request of the JUI in opposition to the current Elections (Modification) Ordinance 2021.

Learn extraPTI govt information reference in Supreme Court docket looking for opinion on open poll for Senate polls

The Chief Justice mentioned that neither the federal government can communicate on behalf of a political celebration nor a political celebration can touch upon behalf of the federal government. The Legal professional Normal Khalid Javed mentioned that it was “very strange that the Advocate General of Sindh was representing the PPP.

Lawyer of JUI-F Kamran Murtaza told the court that the government did not respect the court proceedings regarding the presidential reference. He explained that the court was still in the process of hearing the presidential reference regarding the open-ballot voting system but instead of waiting for the court, the government went on to issue the ordinance.

Upon hearing this, Justice Ijaz-ul-Haq said that the ordinance could be challenged in the High Court if this was the case.

Moreover, the attorney general said that the issuance of the ordinance after the Senate election, scheduled on February 11, could have caused problems. The ordinance will be implemented in light of the opinion of the apex court.

Further hearing of the case has been adjourned until February 10.

Learn extra: Senate polls: SC to listen to presidential reference on January 4

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