ISLAMABAD: The Attorney General for Pakistan on Thursday argued that the Supreme Court has jurisdiction to address political questions.
A five-member bench, headed by Chief Justice Gulzar Ahmed, and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Yahya Afridi heard the reference regarding the holding of Senate elections either through “secret ballot” or “open ballot”.
Justice Yahya Afridi, in the last hearing (January 13), had said, “Question [in reference] may be legal, but the thrust of it is morality and the object seems to be political.”
The AGP, Khalid Jawed Khan, cited the judgments delivered in cases of Mehmmod Khan Achakzai v Federation, Ziaur Rehman and the Sindh High Court Bar Association (SHCBA), contending that the apex court has jurisdiction to address political questions.
He said in the SHCBA case, the apex court declared that it had power to even review a constitutional amendment.
He contended that like the Supreme Court of Pakistan, Supreme Courts in India, Bangladesh, Canada, Australia, and many other countries do not hesitate to address the political questions.
However, the Supreme Court in the US does not get itself involved in political issues, but it settled the election dispute in the Bush vs Gore case.
He said the Hisba Bill case has bound the apex court to give opinion on references filed under Article 186 of the Constitution.
Justice Yahya Afridi remarked the apex court should not give opinion where the parties have no appellate forum.
He said: “In political matters we [SC] need to tread more carefully. We have to be careful while exercising jurisdiction in advisory and suo motu issues.” However, the chief justice said, “When under Article 186 we are bound to give opinion then we cannot abdicate from our responsibility.”
The AGP said the purpose of approaching the Supreme Court for opinion is that it is the highest court in the country and its interpretation regarding Senate elections would prevail, unless an amendment is made in Article 226 of Constitution.
Justice Ijazul Ahsan told the AGP: “you mean to say that those elections are under the Constitution whose machinery is provided in the Constitution or whose rules are made under the Constitution like the national and provincial assemblies.”
The attorney general said if the Supreme Court would declare that the Senate election is under the law then they [government] would go to the parliament and make the changes to hold elections through an open ballot.
He further said the procedure for casting a vote will be the same as in secret balloting.
A voter after ticking his or her ballot-paper puts it in the ballot-box.
He said in an “open ballot” system, a voter will write his or her name on the back of the ballot so that it could be verified who has given his or her vote to whom.
President Dr Arif Alvi, on December 23rd, through the Attorney General for Pakistan, Khalid Jawed Khan, filed a reference under Article 186 of Constitution seeking the apex court’s opinion.
The case was adjourned until Monday (January 18).
Copyright Business Recorder, 2021
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