• Proposed amendment seeks to ‘supersede’ court orders or any other law; bars candidates from switching parties after prescribed time
• Lawmakers seek formation of committee over judgement in Mubarak Sani case; criticise top judge for ‘rewriting’ Constitution

ISLAMABAD: A ruling PML-N lawmaker on Tuesday proposed amend­­ments to the election law, suggesting that a political party should not be allocated seats reserved for women and non-Muslim candidates if it failed to submit its list for the reserved seats within the prescribed time.

Another amendment proposed to the Elections Act 2017 said that a candidate should be considered an independent lawmaker if they had not filed a declaration with the returning officer about their affiliation with a particular political party before seeking the allotment of a poll symbol.

Similarly, it also said that an independent candidate shall not be considered a candidate of any political party if, at a later stage, they filed a statement to that effect.

The amendments to sections 66 and 104, moved by PML-N lawmaker Bilal Azhar Kiyani in the National Assembly, also included a declaration that the proposed amendments would take precedence over court orders, including the Supreme Court.

“Notwithstanding anything contained in this Act or any other law for the time being in force or any judgement, decree or order of any court including the Supreme Court and a high court,” said the text preceding the proposed clauses.

The controversial bill is being seen by some political observers as a move to frustrate the Supreme Court judgement on July 12, which had declared the PTI eligible for reserved seats in the National Assembly and provincial assemblies and also confirmed its status as a parliamentary party.

Section 66 of the Elections Act reads, “A contesting candidate, before seeking allotment of a prescribed symbol, shall file a declaration before the Returning Officer about his affiliation with a particular political party, if any, along with a certificate from the political party showing that he is that party‘s candidate from the constituency”.

Section 104 (1) in its original form reads, “For the purpose of election to seats reserved for women and non-Muslims in an assembly, the political parties contesting election for such seats shall, within the period fixed by the Commission for submission of nomination papers, file separate lists of their candidates in order of priority for seats reserved for women and non-Muslims with the Commission or, as it may direct, with the Provincial Election Commissioner or other authorised officer of the Commission, who shall forthwith cause such lists to be published for information of the public”.

Finality of Prophethood (PBUH) During Tuesday’s sitting, the controversy over the Mubarak Sani case also came under discussion.

Law Minister Azam Nazeer Tarar said there was complete unanimity in the house over the finality of the Prophethood (PBUH). He was responding to a point raised by Sunni Ittehad Council (SIC) chief Hamid Raza, who said that according to the Punjab Quran Board Act, a non-Muslim could not publish copies of the Holy Quran. He claimed the Supreme Court first accepted the bail plea of an accused and then acquitted him.

The law minister, however, said the court verdict could be discussed at an appropriate parliamentary forum for future action, adding that the Supreme Court of Pakistan could interpret the Constitution, but not rewrite it. He said that it was the responsibility of the state to respond to the SC verdict.

“After consultation, it will be decided whether the state should file a review petition or a resolution is passed by the house,” the minister said, proposing the verdict be examined by the business advisory committee of the lower house or National Assembly Standing Committee on Law and Justice.

“We can pass a resolution on this issue after three or four days on the basis of whatever decision is taken by the house,” he said, asserting that no individual could be permitted to issue a fatwa against others. He said it could not be tolerated that an individual incited violence against personalities, like the CJP.

Earlier, the SIC chief claimed that the top court attempted to re-write the Constitution and demanded a committee of the National Assembly over the decision. “Those who committed this action should be brought to justice,” he said. PML-N leader Hanif Abbasi said there were no two opinions on the dignity of the Holy Prophet (PBUH), but stressed that “factories of decrees” could not be allowed.

Mr Abbasi called for the formation of a parliamentary committee to take up the issue. PTI lawmaker Ali Muhammad Khan said the decision of the Supreme Court had created an ambiguity.

Referring to the Supreme Court of Pakistan, Abdul Qadir Patel said nobody has the right to issue such verdicts. He alleged that fitna (discord) was being spread in the name of human rights from the Western world. He said a committee should be formed to see what punishment should be given to those who created such a situation.

JUI-F leader Maulana Abdul Ghafoor Haideri said that the issue of the finality of Prophethood (PBUH) had been decided once and for all. “I want to ask the Supreme Court how it went for re-writing the Constitution.”

But the law minister pointed out that parliament, as the legislative body, could change the verdict of the judiciary through legislation.

Published in Dawn, July 31st, 2024