AG Khalid Javed starts arguments in SC over presidential reference

ISLAMABAD: Attorney General Khalid Javed started his arguments before the Supreme Court on Monday over the presidential reference on Senate elections, ARY News reported.

The government has sought opinion of the apex court by a presidential reference over the Senate elections to be conducted with open ballot.

A five-judge larger bench, headed by Chief Justice Gulzar Ahmed and comprising of Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Yahya Afridi, hearing the reference.

The court had issued notices to the all stakeholders and has received replies of the provincial assemblies of Khyber Pakhtunkhwa, Punjab and the National Assembly. Both the provinces have supported to conduct Senate elections by open ballot.

The bench had issued notices to Advocate Generals, the Election Commission of Pakistan, Chairman Senate, Speaker National Assembly and the Speakers of provincial assemblies.

Jamiat Ulema-e-Islam-Fazal (JUI-F) submitted its objections over the jurisdiction of the court over the matter and its counsel Kamran Murtaza sought the court’s permission to submit its contentions in writing. “The matter should be sent to the parliament as it should take decision on the issue,” the counsel argued.

The court granted permission to JUI-F to submit its reply in writing.

Former senate chairman Raza Rabbani sought the court’s permission to be a party in the case in his personal capacity. “It is a constitutional matter and only the parliament has been entitled to take a decision or pass an amendment,” the veteran lawyer argued.

Sindh government also sought one week’s time to submit the provincial government’s reply over the matter.

Attorney General Khalid Javed started his arguments in the court over the presidential reference.

“If a person can contest senate elections as an independent candidate,” Justice Ijaz ul Ahsan questioned the AG. “There is no prohibition for an independent candidate to contest the election,” the attorney general replied.

On a question from the bench the top state lawyer stated that electoral procedure of various elections has been given in the constitution, while the elections not elaborated in constitution will be conducted under the law.

The bench adjourned further hearing of the presidential reference until January 13.