The Supreme Court reserved its decision after completing the hearing on the Deputy Speaker’s ruling case.
A three-member special bench headed by Chief Justice of Pakistan Justice Umar Atta Bandyal heard the petition of Parvez Elahi.
At the beginning of the hearing, Irfan Qadir said in the court that the instruction of my client is not to be a part of the court proceedings, there is a boycott of the court proceedings in the country, he will file a review on the decision of the full court.
On this occasion, Farooq Naik also informed the court about the boycott of the proceedings.
The Chief Justice spoke to Farooq Naik that he is not a party to the case, after which the court called Parvez Elahi’s lawyer Ali Zafar to the rostrum.
During the hearing, Justice Umar Atta Bandyal said that no legal justification for forming a full court was presented before us, only arguments were given in the court related to following the instructions of the party chief, we decided that in the present case, to form a full court. No need, the real question was who can give instructions to the members, it is clear from reading the constitution that the instructions are given by the parliamentary party.
The Chief Justice said that there is no need for any further legal argument to answer this question, he would prefer to complete this case soon, forming a full court is equivalent to causing unnecessary delay in the case. He would have gone because the court holidays are going on.
He further said that they want to deal with the case quickly for governance and resolution of the crisis. It was not a question of who would give instructions in the interpretation of Article 63A. At the time of interpretation, the question was only about the result of the deviator.
The Chief Justice asked Ali Zafar’s lawyer that what does the constitution say about whose instructions to vote? On this, Ali Zafar said that according to the constitution, the parliamentary party gives the voting instructions. The Chief Justice asked whether the parliamentary party is separate from the party leader. Ali Zafar said that parliamentary party and party leader are two different things
Justice Umar Atta Bandial said that the parliamentary party does not take any decision on its own, the decision of the party is communicated to the parliamentary party in the light of which it takes a decision.
The Chief Justice said that it is not a good example for a judge to change his opinion again and again, there should be uniformity in the judge’s opinion, I will change my opinion only when concrete reasons are given. Can the court be bound? A majority of the full court bench did not agree with the direction given by the party chief.
The Chief Justice spoke to Ali Zafar that the court needs support on the instructions of the party leader or parliamentary party directions, support on legal questions or else we will be separated from this bench. Friends who know me know that I treat my work as worship. The gentlemen sitting on the right have unanimously boycotted the court proceedings, thankfully there is enough grace left to sit to hear the court proceedings.
Later, the court adjourned the hearing till 2.30 pm, after which the hearing started again, Ali Zafar gave arguments and said that under Article 63A, the party head will take action against the defecting members, the party head sends a declaration against the defecting members.
On this, the Chief Justice said that the defense side says that the party leader controls the parliamentary party.
Justice Ijaz remarked that it is clear that if a member does not vote according to the party policy, he should resign and come again.
The Chief Justice of Pakistan said that the powers are transferred only through the party head, there is no doubt that the party head has an important role, but the instructions for voting are given by the parliamentary party head.
Later, the court reserved its decision after completing the hearing on the petition.
The Chief Justice said that he would get up for a while, and deliver the verdict at 5:45.