ISLAMABAD: “The Senate election is not a mathematics formulae but it is a political matter,” People’s Party Senator Raza Rabbani argued before a bench of the Supreme Court in Presidential Reference hearing on Monday, ARY News reported.
A five-member bench of the Supreme Court headed by Chief Justice Gulzar Ahmed hearing the presidential reference seeking the open ballot vote in Senate elections.
“Isn’t it be the violation of the proportional representation if a party wins two Senate seats instead of estimated six seats according to its weightage,” Justice Ijaz ul Ahsan questioned.
“The Senate election is not a mathematics formulae but a political matter and calculations remain different in math and the Senate election,” Rabbani said. “It is not compulsory that a majority party in provincial legislature also wins majority Senate seats,” the PPP counsel further said.
“According to media reports, MQM and PTI have signed an agreement under which the PTI will release funds soon for conducting population census in Karachi, will the court term it corruption,” Rabbani posed question.
“The court will review the matter keeping all aspects of it in view,” Chief Justice remarked. “Political alliances should not be kept secret,” the CJP said.
“In some instances, political alliances remain secret,” the counsel said. ” No issue can be viewed out of the context. We are living in an ugly capitalist and feudal society,” the lawyer said. “The state even could not protect its 20 Returning Officers,” the counsel further said.
“The world’s history is full of those who opposed the dominant point of view without caring consequences,” Justice Ijaz observed. “The constitution not declares someone disqualified over the difference of opinion,” the Justice further said.
“The constitution also included Article 10-A. The missing persons issue won’t exist if trials conducted with transparency,” Raza Rabbani said. “The issue still unresolved despite efforts by the courts,” he further said.
“Are you saying constitution is not being enforced. Isn’t this violation of the constitution began from 1973,” the chief justice asked. “I am not talking about any specific period. If some party has to bag 10 seats but it not happened that is not horse trading,” Raza Rabbani argued.
“Atleast an inquiry must be conducted whether it was horse trading or not,” Justice Ijaz ul Ahsan said.
“Identifiable ballot papers will be violation of the Article 226. I doesn’t want to level any allegation against the election commission, but the identifiable ballot paper will be in the access of the deep state,” Rabbani said.
“Is it have access to sealed ballot papers,” Justice Ijaz questioned. “The access of the deep state has now reached to even out of the country,” Raza Rabbani said. “The deep state will blackmail the members of the Senate and the assembly,” he said.
Rabbani further argued that the institution of the Senate has been for the protection of the federating units and not for the political parties. “The rights of the provinces and the political parties are two different things,” he argued.
Later, the top court adjourned further hearing of the presidential reference till Monday.
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