ISLAMABAD: Chief Justice of Pakistan (CJP) Gulzar Ahmad has remarked law is absolutely innocent and blind and it has to be implemented with good intent and if it is implemented with ill intent then problems are created.
He further remarked “the room for electoral alliance remains ever among the political parties. Our constitution and Ireland constitution is alike. Election in Ireland is held through secret balloting. There is Irish Supreme Court (SC) decision on this matter. We will want to seek government stance in this respect. If single transferable vote mechanism is part of proportional representation then the majority party will stand where. This way the majority party can stand reduced to minority party in Senate.
He gave these remarks while presiding over five members bench of SC during the course of hearing of presidential reference pertaining to Senate polls here Tuesday.
Attorney General (AG) took the plea with reference to CJP observations that there are two houses of parliament in Ireland and the polls of lower house take place through popular vote in Ireland. The popular votes are secret in Ireland. Farooq Naik has come in PPP by increasing one P and tomorrow PSF walas come. No lawyers organization was heard in the previous reference. What is their role in this political natured case?
Mian Raza Rabbani argued that the rules empower the commissioner to issue directives for presidential election. Rules will be framed for presidential election despite schedule 2. The motive behind telling this is Senate polls are held under the constitution. Election Act-2017 has been framed on the command of the constitution. Election act has also taken birth from the command of the constitution. It is not written anywhere in article 59 that Senate election will take place as per law. Senate is never dissolved and only Senators are retired. Proportionate representation does not mean that what majority is enjoyed in assembly it is enjoyed in Senate. Where the sale and purchase of votes take place then law will take its course. The difference in number of seats cannot be called sale and purchase of votes without evidence. If ballot papers secrecy is not affected then election commission can review votes. The one who has to sell his vote commits corruption before voting. Corruption is committed before voting. There is no need to see votes in this regard.
Justice Ijaz ul Ahsan remarked rules empower presidential election. The rules framed for election act don’t enjoy constitutional status. All the laws take birth from the constitution. This is fact no law has been framed for the presidential election. The entire process of holding Senate election is not laid down in the constitution and it is laid down in the law. Tell us such procedure that vote secrecy is not affected and vote is seen. If any agreement is reached that half amount will be paid after casting vote then what. If casting of vote is proved then it will be known that the amount has been paid for casting vote.
Raza Rabbani said in Germany fist vote is of political party and the second is electoral. In different countries the allied parties make coalition government. There is importance of single transferable vote in Australia. In single transferable vote there can be representation of single transferable vote and the political alliance can become conspicuous. Room has been left for single transferable vote in proportional representation.
He said the election commission can see the matter but it cannot dispense with the powers of secret voting. Ballot paper is in itself a big evidence and without it corrupt practice cannot be identified. Tribunal can review ballot paper but senate polls is entirely different. If I execute deal even then I can be caught.
Justice Ijaz ul Ahsan raised question what action has been taken on the videos which have come to fore regarding sale and purchase of votes.
Raza Rabbani took the plea you know these videos relate to whom. I belong to a political party therefore; I will not talk about it. Obtaining money and executing any agreement for voting are corrupt practices. CJP remarked this matter is then connected with vote. It is endeavor of the court that this case is wrapped up soon. But we have to interpret the constitution.
Raza Rabbani said the matter is connected with vote rather than voting. The accuser will have to give evidence to prove his accusation. There is no solid evidence unless the ballot paper is seen. Suppose if an agreement has been reached for not casting vote then ballot paper will have no value. I am saying this that ballot paper cannot decide corrupt practice. The basic question is secrecy of senate polls.
The court while directing Raza Rabbani to complete his arguments on next hearing and Farooq H Naik to file his written argument adjourned the hearing of the case for one day.