ISLAMABAD: The Supreme Court has remarked that the Presidential Ordinance on Senate elections would have been declared null and void if it was not conditional.
According to sources, during the hearing on the presidential reference on Senate elections in the Supreme Court, JUI lawyer Kamran Murtaza raised the point that the government had issued an ordinance for open ballot and did not respect court proceedings at all. Until such legislation was enacted, the government made its decision before the Supreme Court
Chief Justice Gulzar Ahmed remarked that the ordinance is subject to judicial opinion, the government issued the ordinance keeping in view the speculations, it is not known how the ordinance was issued but the ordinance has been issued, no one has stopped the government from issuing the ordinance. Maybe, if the judicial opinion differs from the government’s position, then the reference will be lost.
The Chief Justice remarked that the petition regarding the ordinance would also be heard along with the case. The court issued notice to the Attorney General on a petition against the Presidential Ordinance
Justice Ejaz-ul-Hassan remarked that the ordinance also states that implementation will be subject to judicial opinion, the ordinance can be challenged in the High Court, the ordinance will not affect the court proceedings. The court rejected the plea to issue notice under section 184/3 on the Presidential Ordinance and remarked that if the ordinance had not been conditional, it would have been declared null and void. Voting under the ordinance would also be secret. Votes will be available upon request
