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Presidential reference: SC directs Rabbani to conclude arguments tomorrow

Presidential reference: SC directs Rabbani to conclude arguments tomorrow
February 23, 2021

ISLAMABAD (92 News) – Hearing of the Presidential Reference on the Senate election, the Supreme Court (SC) has entered in its decisive phase as the bench directed Senator Raza Rabbani to conclude his arguments tomorrow (Wednesday).

Chief Justice Gulzar Ahmed headed the five-member bench heard the presidential reference seeking the open ballot vote in Senate elections. He remarked that proceedings over the reference are to be finalized keeping track of the time.

"The enforcement of law with good intention is necessary as the law is completely blind and innocent. Implementation of the law with malicious intention causes problems,” the chief justice also remarked.

Justice Ijazul Ahsan observed that the entire procedure of the Senate election has been in the law and not in the constitution. “Inform the court the procedure in which the vote can be monitored without affecting the secrecy,” Justice Ijaz said.

“It not always happens that a party’s majority in assembly could provide it same weightage in the Senate under the proportional representation,” Raza Rabbani said. “The number of seats could go up or down in the proportional representation system,” the counsel argued.

Justice Ijazul Ahsan said that the rules made under the constitution but the rules made under the election law have no constitutional status. Rabbani said that the Election Act also made under the command of the constitution. Justice Ijaz replied all laws born from the constitution. It is a fact that no law has been made for the presidential election. ” The Article 59 not saying that the election of the Senate will be held under the law,” Rabbani argued.

“The rules made under the constitution, the rules authorize the presidential election but the rules for the Election Act have no constitutional status,” Justice Ijaz said.

The court adjourned further hearing of the case till tomorrow (Wednesday).