KARCAHI: III advised PTI government will file a Presidential Reference seeking interpretation of Article 63 (A) of the Constitution of Pakistan by Supreme Court of Pakistan.
PTI seeks a declaration beyond Article 63 that a member of a political party stands defected if he even expresses displeasure, discontent or disagreement with head of the party or parliamentary.
This question is akin to a question that whether ‘Poison’ can kill.
Article 63 (A) deals with defection and comes into operation only when a member casts his vote against “express policy” of party he is member and sitting elected representative on ticket of said political entity. It comes into operation when a member elect of a party joins another political party. In all other situations it cannot be invoked.
Having constitutional experts like Babar Awan, Law Minister Dr. Farogh Naseem, Attorney General Khalid Javed Khan such a reference shows adamant behavior by party head and will earn nothing but more salt to present injury.
Rather apex court may either decline to answer an unwarranted question or may cement the way said Article be imposed. In both situations government will become a laughing stock. The apex court has fixed 1 pm on Monday to hear a petition filed by Supreme Court Bar Association and Presidential Reference and a decision will clear the hovering clouds of uncertainty.