There is no disqualification based on dissent in the constitution: Supreme Court

February 22, 2021: According a report by Baaghi TV, the presidential reference regarding holding the Senate elections through open ballot was heard.

Raza Rabbani said that Article 226 has come back on the agenda of the Assembly. Amendment of Article 226 is pending in the House. There is also a secret ballot on the seats of the party. Under Article 20, in any case, the party has the right to be heard. Why are missing persons deprived of this constitutional right? Notices were issued to those in the highest positions, missing persons could not be recovered.

The Chief Justice said, “What do you mean by saying that the constitution exists but is not being implemented?” Raza Rabbani replied that there was talk of putting barcodes, the bitter truth is that access to the deep state is on the ballot paper.Justice Ijaz-ul-Ahsan said that no such case is before the court, repeatedly asked whether any action was taken on corrupt practices today? Raza Rabbani said that if the ballot paper is identifiable then it has many problems, the biggest problem is that this process is a violation of Article 226 of the Constitution.

Justice Ejaz-ul-Ahsan said that ballot papers are sealed at the polling station itself. Raza Rabbani said that despite being sealed, the Deep State has access to them. Recognizable ballot papers will start new blackmailing and horse trading. The court is well aware of how long it takes to make a video where we live. The video is made, Justice Ijaz-ul-Ahsan said that of course the world we live in is not perfect, but in the end, justice should prevail.

Raza Rabbani said that by the time a person reaches the Supreme Court, his reputation has been tarnished. Chief Justice Gulzar Ahmed said that the Constitution of Pakistan is similar to the Constitution of Ireland. Article 63A is also applicable to the election of the Prime Minister and Chief Ministers. Voting takes place, the Chief Justice said, adding that the secret voting provision of the 1962 constitution was interpreted by the court in 1967.

Raza Rabbani said that in a Senate election, a party does not disqualify a candidate from voting, it is not necessary that the party which gets a majority in the Provincial Assembly also has a majority in the Senate. Justice Umar Ata Bandial said that electoral alliances are never secret. Where there is an alliance with an individual, it is kept secret. Justice Ijaz-ul-Ahsan said that if a person who has six seats gets two, what will be the result? Wouldn’t the principle of proportional representation be violated by getting fewer seats? Raza Rabbani says MQM will vote for PTI in Senate.

Chief Justice Gulzar Ahmed said that all the circumstances will be taken into consideration, political alliances should not be kept secret. Justice Ijaz-ul-Ahsan said that the history of the world is full of dissidents, dissidents do not care about the outcome. People openly disagreed against the constitution, there is no disqualification on dissent in the constitution.

Justice Omar Ata Bandial said that the system they want to continue promotes individual heroism. Democracy requires that the party system be strong. He said he will give arguments in this regard as well, The Chief Justice said that this process has been going on not from today but from the beginning. The Supreme Court adjourned the hearing of the case till 12 noon tomorrow.

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