According to the sources, The Supreme Court of Pakistan ruled that the upcoming Senate polls are to be held through secret ballot under Article 226 of the country’s Constitution.
However, The Supreme Court’s 4:1 decision, held that the Election Commission of Pakistan (ECP) is empowered to take all measures, including the use of the latest technology, to hold free and fair elections and control corrupt practices under Article 218 of the Constitution, The SC bench further observed that the secrecy is not “absolute”.
As per details, A 5-judge larger bench of the supreme court of Pakistan, headed by Chief Justice of Pakistan Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi pronounced the reserved opinion.
Justice Yahya Afridi disagreed from the majority opinion.
The Apex court had reserved its opinion after all the lawyers had concluded their arguments.
Justice Gulzar Ahmed, At the last hearing, observed that Parliament only passes resolutions for transparency of the electoral process.
Attorney General Khalid Javed after completion of the arguments of the lawyers in his rejoinder argued that the scrutiny of the vote could not hurt the secrecy. “The presidential reference is not based on a political question, but it seeks interpretation of the Article 226,”
Justice Yahya Afridi asked that “Will the supreme court’s opinion will be final,”?
Attorney General replied that “The government will be bound to the Supreme court’s opinion,”
Justice Afridi said that “A review plea could be filed over the supreme court’s opinion,”
Attorney General Khalid Javed said that “Review petition could not be filed over the reference,”
The chief justice said that “The supreme court have no relation with the politics, it will only interpret the constitution,”
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