ISLAMABAD: On Monday, the Supreme Court rejected the petition which was supposed to take the court’s permission regarding the establishment of a presidential form of government in the country, Daily Times reported.
“There is no clause in the constitution, which mandates the Supreme court to issue instructions to the prime minister for a referendum for the presidential form of government,” the court said.
Justice Umar Ata Bandial headed a three-member bench which backed up the objections on petition raised by the Registrar Office of the court.
However, earlier, the Supreme court heard an appeal against the objections raised by the court’s registrar office. “It is a political question, how the court could intervene in it,” Justice Mansoor Ali Shah questioned.
“If someone has raised a question or demanded in the parliament on the presidential form of government,” Justice Shah asked.
“How can a single person demands changing the parliamentary system of governance,” Justice Muneeb Akhtar asked. “It is prime minister’s discretion to refer the matter for a referendum on the issue to the joint sitting of the parliament,” the court maintained.
“Still the matter will be decided by the parliament,” Justice Muneeb Akhtar remarked.
“The parliament is currently dysfunctional,” petitioner Ahmed Raza Kasuri said. “I am a founder of the 1973’s Constitution,” Kasuri said. “Did you sign for the parliamentary system in the constitution,” the Supreme Court questioned. “Neither I voted nor signed on the constitution,” Kasuri replied. “Then you could not claim to be a founder of the constitution,” Justice Akhtar said.
On the other hand, a three-member bench consisted of Justice Umar Atta Bandial, Justice Mansoor Ali Shah and Justice Muneeb Akhtar heard petitions.
Four petitioners — Sahibzada Ahmed Raza Khan Kasuri, Dr Sadiq Ali, Tahir Aziz Khan and Hafeez-ur-Rehman Chaudhry — had registered identical constitutional petitions under Article 184(3) of the Constitution in the Supreme Court for a presidential form of government in the country.
They asked the Supreme court to order the prime minister of Pakistan to hold a referendum under Article 48(6) of the Constitution of the Islamic Republic of Pakistan to know the opinion of the people.
