ISLAMABAD: The Supreme Court on Monday said “for good democracy in the country, political parties need to be strengthened”.
According to Justice Umar Ata Bandial, “if you want good democracy then there is a need to make the political parties strong.”
“If the individuals are amenable to feudalism and tribal system then democracy will not take its roots,” he added.
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 on Monday heard the reference regarding holding of the Senate election either through a “secret ballot” or an “open ballot”.
Senator Raza Rabbani is appearing on behalf of Pakistan Peoples Party (PPP), and he has also challenged the Presidential Reference on the Senate election in his personal capacity.
Rabbani contended that the “deep state actors” have access to the ballot even before the election.
Justice Ijazul Ahsan told Rabbani that ballot papers are sent to the polling booth in sealed envelop.
Upon that, the counsel said even though the ballot papers are in a sealed envelop, “they [the deep state] are much aware of it”.
He said, if the vote becomes identifiable then “a new form of ball-game will start”. The PPP counsel said that if the ballot becomes identifiable “the deep state could use it to blackmail legislators”. He said in order to guard against the corrupt practice, the remedy is provided in the constitution.
Rabbani argued that the civilian supremacy in terms of parliament and bureaucracy has receded. The chief justice remarked it has been happening for quite sometime.
The counsel add: “in this world, videos are manufactured and people in order to protect their dignity and honour are committing suicide”.
The chief justice said holding of elections has a long history.
“At one time, the ballot was considered the most secret, but it has been torn down even in the USA, Australia, France, Germany, Belgium, and Ireland.”
“Now those countries say when a ballot is cast and put in the ballot box, it becomes the state property,” he added.
Justice Ijazul said therefore some mark should be on the ballot, so that if there is a miss by an MPA then it should be looked at by the Election Commission or the Tribunal.
Rabbani argued: “the ECP has ballots. The Tribunal can look for the ballot paper, but it is not to be identified under the Election Act, 2017.
He said if that happens then it will be against the command of Article 226, which says all the elections except of PM/CMs should be held through a secret ballot.
He remarked: “We are living in a feudal, tribal and ugly capitalist society where the State could not protect 23 returning officers [ROs], who conducted the Daska by-election.” Rabbani added: “If that is happening with the ROs then what will be the fate of an ordinary citizen?” Justice Bandial told the counsel: “you do not want to defy the system of feudalism and ego and you also do not want to allow democracy, principle and discipline in parties.”
Raza Rabbani questioned: “What if an MPA violates the party line due to his principle stand of his area?”
Upon that Justice Ijaz said it means “you can’t have your cake and eat it,” adding that “the history is full of dissenters”.
He further said if an MPA wants to dissent then he should do it openly and then face the consequences, and the constitution provides him protection. Rabbani said he is not making a statement aimed at perpetuating the status quo.
“We are facing tumultuous situations and are still on a see-saw that comes up and down,” Rabbani said and added that there is the missing persons’ issue and the Article 10A of Constitution provides fair trial. He asked: “where is it implemented?”
He said the court issue notices to the office-bearers but the constitution is not obeyed.
At the outset of the hearing, the counsel said the federal government was availing two forums for a single remedy.
The case was adjourned until today (Tuesday).
Copyright Business Recorder, 2021
Comments
Comments are closed.