Former Law Minister Babar Awan. – File Photo

LAHORE: The present assemblies have the similar protection under the 18th Amendment, which the judges enjoy under the 17th and therefore Senate election cannot be invalidated, says former law minister Babar Awan.

“The Senate election cannot be invalidated through any legislation, judgment or petition under law as the only way to do so is through an amendment to the Constitution,” he said while stressing that the present assemblies were enjoying the constitutional protection.

Mr Awan further said: “The petitions of Imran Khan and Mubashar Luqman pleading not to hold March 2 Senate election are ill-advised and against the constitutional provisions.”

He advised Mr Khan to withdraw it to save himself from embarrassment. “Those raising the slogan of democracy do not file anti-constitutional petitions,” he added. Mr Babar was talking to journalists at the wedding ceremony of PPP senior leader Mushtaq Awan’s daughter here on Saturday.

The Constitution’s Section 270 (BB) says: “Notwithstanding anything contained in the Constitution or any other law for the time being in force the general elections 2008 to the National Assembly and the provincial assemblies held on Feb 18, 2008, shall be deemed to have been held under the Constitution and shall have effect accordingly.”

Similarly, the Section 270 (AA) says: “Judges of the Supreme Court, high courts and Federal Shariat Court who were holding the office of a judge or were appointed as such and had taken oath under the Oath of Office (Judges) Order 2000 (1 OF 2000) shall be deemed to have continued to hold the office as a judge or to have been appointed as such as the case may be under the constitution shall have the effect accordingly.”

Flanked by PPP leaders Navid Chaudhry and Amir Raja, Mr Awan said under this constitutional provision, the present assemblies’ validity could not be challenged and a two-thirds majority was required for amendment to the constitution to stop the Senate election.

“The real political parties believe in going through the election process, not avoiding it through illegal means,” he said.

Mr Awan said Senate was the basis of the federation and continuation of democracy but attempts were being made to weaken it (federation). “Those who want to weaken the federation should be weakened,” he remarked.