ISLAMABAD: Chief Justice of Pakistan Justice Anwar Zaheer Jamali on Tuesday said there is no law of secret balloting in Islam, and that it was adopted from the West.
Justice Jamali observed that the government does not care what is in the best interest of general public. He further those in government bring legislations that best suit their own interests. The country’s top judge made these observations during the arguments of Sindh government regarding third amendment in Sindh Local Government Amended Act 2016. Earlier, Sindh High Court (SHC) struck down the abovementioned amendment in its order which was later challenged by Muttahida Qaumi Movement in Supreme Court. While heading a three-judge bench, the chief justice observed that “stitched legislation” has become the norm in the country and law has been made a plaything.
He said the concept of secret ballot is not in Islam rather it’s an idea of the westerners. During the course of the hearing in which the counsel for the Sindh government, Farook H. Naek was giving his arguments, the chief justice expressed displeasure and asked what was the need for three amendments in Sindh Local Government Act (SLGA). “Such way of legislation leads to devastations and in the end the government puts all the blame on judiciary.
The Sindh government’s arguments were based upon three basic points – whether the elections of the chairman, vice chairman to be held through secret ballot or show of hand, secondly increasing percentage of women seats and thirdly youth’s representation. Farook H Naek told the apex bench that notification dated June 17, 2016 regarding promulgation of third amendment in SLGA 2013 was challenged in SHC, however, the court declared the entire amendment ultra vires of the constitution.
He informed that by virtue of the third amendment in the abovementioned act, five percent quota was fixed for youth representation, women representation was increased from 22 percent to 33 percent and election of chairman and deputy chairman was decided to be done through secret ballot. “The SHC, instead of taking notice of the notification, struck down the amendments made in 2015 and 2016. Such directions given by the SHC were without jurisdiction and coram non-judice because legislation is not its job,” argued Farook Naek. He added that if the 22 percent women representation was constitutional then how could 33 percent be ultra vires. The court has sought the assistance of advocates general of the provinces and capital in the case and adjourned the hearing till today (Wednesday).
