Senator Irfan Siddiqui says SC decision violates Constitution and law

Islamabad: Pakistan Muslim League-Nawaz senior leader Senator Irfan Siddiqui said apex court’s decision allocating reserved seats to PTI is a blatant violation of the Constitution and the law.

“The decision has trampled constitution” he said during a discussion on a tv show.Nawaz Sharif Calls for Unity to Overcome National Challenges and Support Anti-Terrorism Efforts

The PML-N parliamentary leader in the Senate said that after creating a crisis, ambiguity, and confusion in the country, two judges of the court have gone on recreational tours.

This was done so that until their recreational tour is complete, the country, economy, parliament, and election commission remain in limbo, he said.
Senator Siddiqui said that Khawaja Asif spoke about a constitutional meltdown based on his political experience analysis, not as news.

When courts or institutions exceed their predetermined boundaries, the country plunges into crises, he said.

He said that the recent decision of the Supreme Court has no place in the Constitution and the law, and it should be called a constitutional meltdown.

Taking about electoral reforms, he said the parliamentary committee was formed in 2015, which included PTI. After 118 meetings and PTI’s consent, the Election Act 2017 was passed by the Parliament according to which an independent member has to join a party of their choice within three days of taking the oath of the assembly.

After the recent elections, PTI-backed independent members, after submitting affidavits of their choice, joined the Sunni Ittehad Council (SIC), he said.

“Constitutionally and legally, this exercise (of joining party) was over. But the Supreme Court ruled against the law and the constitution allowing these members to join the PTI,” he said.

Whether the Constitution permits a member who has become part of one party to join another party at this juncture? he questioned.

Senator Siddiqui said that the concept of ‘total justice’ exceeds the limits of the written Constitution. The concept of total justice is Panchayati (traditional council).

He said that the courts are bound by the Constitution and the law and there is no need for interpretation if the clause of the Constitution is clear.

“Any addition or alteration is like rewriting the Constitution. If the Constitution and the law gave members three days, where did 15 days come from in the Supreme Court’s decision?” he said.

In response to a question, he said that without a detailed judgment, a review hearing cannot take place.

Regarding the question of banning PTI, he said that Information Minister Attaullah Tarar is a responsible person and spokesperson and spoke about a decision.

Regardless of whether to ban a party or not, it is necessary to look at Article 17 of the Constitution. A committee of intellectuals should be formed to see what conditions this clause of the Constitution sets for a party, he said.

He said that the Article 17 mentions words like integrity, sovereignty of state, public order, and morality of the country.

Whether the party (PTI) that attacks more than 200 state buildings, harms national interests, conspires and pushes the country towards default, dishonors martyr’s memorial, and incites rebellion in the army, meets the conditions of Article 17 of the Constitution or not.

“If it does not, then certainly the ban should be considered,” he said.