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2022 MarsdenLR 2089

SUPREME COURT PAKISTAN
SUPREME COURT BAR ASSOCIATION OF PAKISTAN & ANOR – Appellant
Versus
FEDERATION OF PAKISTAN & ANOR – Respondent


Petitioner Advocates:Ashtar Ausaf Ali,Khalid Javed Khan,Ch Aamir Rehman,Sohail Mehmood,Syed Nayyab Hassan Gardezi,Munawar Duggal,Barrister Asad Rahim Khan,Barrister M Usama Rauf,M Usman Peracha,M Ibrahim Khan ,Respondent Advocate: Ali Zafar,Dr Babar Awan

Table of Content
1. interpretation of article 63a for political party protections. (Para 1 , 2 , 3)
2. need for effective legislation on parliamentary defects. (Para 4)
3. dismissal of broad arguments in the fourth question. (Para 5)
4. disposal of matters under majority view. (Para 6)
[1] For detailed reasons to be recorded later and subject to what is set out therein by way of amplification or otherwise, by majority of three to two (Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail dissenting) these matters are disposed of together in the following terms:

1. The first question referred by the President relates to the proper approach to be taken to the interpretation and application of art 63A of the Constitution. In our view, this provision cannot be read and applied in isolation and in a manner as though it is aloof from, or indifferent to, whatever else is provided in the Constitution. Nor can art 63A be understood and applied from the vantage point of the member who has earned opprobrium and faces legal censure as a defector by reason of his having acted or voted (or abstained from voting) in a manner contrary to what is required of him under cl (1) thereof. Rather

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