SHCBA opposes president's move in SC reference.

ISLAMABAD -- The Sindh High Court Bar Association (SHCBA) on Friday told the Supreme Court that President Dr Arif Alvi had wrongly and prematurely invoked the advisory jurisdiction of the Supreme Court in a reference filed by him, seeking the apex court's opinion on holding the upcoming Senate elections through an open ballot and show of hands.

Headed by Chief Justice of Pakistan Gulzar Ahmed, a five-judge bench is deliberating upon the presidential reference to answer a question posed by President Alvi if the condition of secret ballot under Article 226 of the Constitution will apply to Senate elections or not.

The SHCBA said the reference was allegedly purposefully designed to thrust the apex court to the forefront of a nakedly political dispute.

'Far from seeking the advice of the apex court, the reference actually seeks to gain the endorsement of the court for the political objectives and designs of the ruling party and to preempt possible legal challenge to the same,' argues the SHCBA in a written synopsis furnished before the Supreme Court.

Says case has been purposefully designed to thrust apex court to forefront of a nakedly political dispute

Filed through senior counsel Salahuddin Ahmed, the SHCBA argued that the reference allegedly was an attempt on the part of the president to effect a constitutional amendment under guise of an advisory reference. As such, the reference is allegedly mala fide in fact and law and wholly without jurisdiction.

Therefore, the Supreme Court should, in any event, resolutely decline to answer such reference, the synopsis emphasised.

The SHCBA is of the view that on merits elections to Senate are indisputably elections under the constitution and as such, the requirement of secret balloting in Article 226 is fully applicable to Senate elections and changing this requirement to allow open balloting is impossible without a constitutional amendment, the synopsis said.

The SHCBA explains that the advisory jurisdiction of the Supreme Court under Article 186 can only be invoked if certain preconditions are met like the president must consider that it was desirable to obtain the opinion of the apex court on any question of law, which he considers of public importance.

These preconditions are dependent on the consideration of the president, it said, adding clearly it is a matter for the court to decide. 'So if the court determines that the reference does not present any real question of law, it may refuse to...