SC Rejects Pleas Seeking Presidential System In Country

ISLAMABAD, (UrduPoint / Pakistan Point News - 27th Sep, 2021 ) :The Supreme Court on Monday maintained the Registrar Office's objections on petitions seeking introduction of Presidential system in the country and declared them inadmissible.

A three-member SC bench headed by Justice Umar Ata Bandial and comprising Justice Syed Mansoor Ali Khan and Justice Munib Akhtar heard the petitions filed by Advocate Ahmed Raza Kasuri.

During the course of proceedings, Kasuri urged the court to direct the prime minister to announce a referendum to introduce a presidential system in the country.

Upon this Justice Bandial said that the apex court did not have the authority to replace a political system in the country.

He said there were several political parties in Pakistan so why did the petitioner feel the need to move the court over a political issue.

Kasuri said that he was the only person alive who was among the authors of the 1973 Constitution.

Justice Mansoor Ali Shah asked the petitioner whether the matter had been discussed in parliament or was it an individual's desire to bring a presidential system in Pakistan.

At this, Kasuri said he was not an individual, but an institution.

Justice Mansoor said the prime minister could take up the matter in a joint sitting of parliament under Article 46 if he wished to do so. He said that the court had nothing to do with political issues.

He asked the petitioner not to involve the court in irrelevant matters. The plea pertained to a political question not related to the court, he added.

Justice Mansoor called for letting the court solve the problems of the people, and not confusing it by bringing such matters to it.

Justice Munib Akhtar asked Kasuri why didn't he oppose the parliamentary system of governance when he was a lawmaker. At this, Kasuri responded that he did oppose the clause for the parliamentary system at the time.

Justice Akhtar asked Kasuri how he was counting himself among the framers of the constitution. He said there had been many referendums in the past and they were all self-serving.

Justice Bandial said if the petitioners wanted to start a movement for presidential system, then they could go ahead and do that. The apex court did not have the authority to abolish a system and bring another.

Justice Munib Akhtar said that Pakistan was split into two parts during the presidential system introduced by former president Ayub Khan in 1962. He asked on what basis should the Supreme Court order a referendum? He said that people did not have good memories of presidential systems.

He said people chose the 1973 Constitution, and the parliamentary system was enshrined in the constitution.

He asked if there was a guarantee that the presidential system would bring prosperity.

Justice Mansoor Ali Shah said that the court should not be involved in irrelevant matters.

The court upheld the objections of the Registrar's Office and declared the petitions against the presidential system inadmissible.