Under Article 63 dissident members will disqualify for 2-5 years, CJP remarks

Islamabad: Chief Justice of Pakistan Umar Ata Bandial on Monday has remarked that dissident members of any political party have to face the consequences of going against the party policy as the disqualification under Article 63 is from 2 to 5 years.

According to details, the Supreme Court of Pakistan conducted a hearing over the explanation of Article 63(A) of the Constitution filed by the Presidential reference and a petition of the Supreme Court Bar Association (SCBA) on political rallies in Islamabad.

A five-member bench of the Supreme Court, comprising Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar, and Justice Jamal Khan Mandokhail is hearing the cases.

Attorney General of Pakistan Khalid Jawed Khan appealed before the court that elected personnel who vote against their party’s policy should be banned for life as the person who does not follow the party policy has to face the consequences.

On the appeal of the AGP, the Chief Justice of Pakistan (CJP) Umar Ata Bandial said that it is stated in the Article-63(A) that the minister will be de-seated and further asked that the attorney general is trying to figure out that for how long will the minister be declared incompetent.

Moreover, the apex court demanded an affidavit along with the nomination papers for the election, though the condition of the affidavit was not there in the law and on the court’s orders, the affidavit was taken. He further said that the court declared the nomination papers sans affidavits incomplete.

Justice Jamal Khan Mandokhel asked AGP Jawed Khan how the court could link Article 63 with Article 62 (1) F, adding whether the AGP reckoned that there was some kind of lacunae in Article 63 (A). The AGP asserted that Article 63 (A) could not be read separately.

Chief Justice Bandial remarked that in the court judgment, the sanctity and legitimacy of the elections were mentioned.