Ordinance for upcoming Senate election: PBC condemns mode and manner of federal govt

ISLAMABAD: The Pakistan Bar Council (PBC) strongly condemns the mode and manner in which the Ordinance has been issued by the federal government for the upcoming Senate election.

In a statement issued by the Council secretary on Monday, the PBC Executive Committee said the Ordinance was issued in “disregard to all legal principles and ethics”. Such an act is “blatant violation” of the Constitutional norms, morality and democratic values which is also in conflict with provisions of the Constitution particularly its Article 226.

The Committee authorised Khush Dil Khan, Vice-Chairman PBC, to immediately file a Constitutional Petition in the Supreme Court, under Article 184 of the Constitution, to challenge the issuance of Election (Amendment) Ordinance, 2021. The Committee expresses that under provisions of the Constitution, it is mandatory to hold election of the Senate through secret ballot but the issuance of the unconstitutional Ordinance bypassing the Parliament and more particularly when the Presidential Reference, earlier filed by the government, is pending adjudication before the Supreme Court, is glaring violation of the Constitution, rather it amounts to mutilate and abrogate the Constitution.

The Executive Committee being dismayed with the absolute malafide and unconstitutional move of the government, in issuing the Ordinance about open ballot in forthcoming election of the Senate, which not only amounts to influence the Supreme Court in adjudicating upon the Presidential Reference, but also to undermine the independence of the judiciary, has decided, in anticipation of approval of the PBC.

Copyright Business Recorder, 2021