Supreme Court has jurisdiction to address political question: Attorney.

ISLAMABAD -- The Attorney General for Pakistan (AGP) Thursday adopted before the Supreme Court of Pakistan that the apex court has jurisdiction to address the political question.

A five-member bench of the apex court headed by Chief Justice of Pakistan Justice Gulzar Ahmed and comprising Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi conducted hearing of the Reference regarding holding of Senate elections either through 'secret ballot' or 'open ballot'.

On the last hearing, Justice Yahya Afridi said, 'Question [in reference] may be legal, but the thrust of it is morality and the object seem to be political.'

Therefore, AGP Khalid Jawed Khan cited judgments delivered in cases of Mehmmood Khan Achakzai vs federation, Zia-ur-Rehman and the Sindh High Court Bar Association (SHCBA) and contended that the apex court has jurisdiction to address the political question. He said that in the SHCBA case, the apex court even declared that it has power to review the constitutional amendment.

He argued that like Supreme Court of Pakistan the Supreme Court in India, Bangladesh, Canada, Australia, and many other countries do not hesitate to address the political question. However, the Supreme Court in US does not get itself in political issues, but in the Bush vs Gore case it settled the election dispute. He said that the Hisba Bill case has bound the apex court to give opinion on the reference filed under Article 186 of Constitution.

Justice Yahya Afridi remarked that the apex court should not give opinion where the parties have no appellate forum. He said, 'In political matter we (SC) need to tread more carefully.' 'We have to be careful while exercising jurisdiction in advisory and suo moto issues,' said Justice Afridi.

However, the Chief Justice said, 'When under Article 186 we are bound to give opinion then we cannot abdicate from our responsibility.'

The AGP said that the purpose of approaching the Supreme Court for opinion is that it is the highest court in the country and its interpretation regarding Senate election would prevail, unless an amendment is made in Article 226 of Constitution.

Justice Ijazul Ahsan asked from the...