CJP says all orders & actions initiated by PM & president regarding dissolution of NA will be subject to the court’s order
Apex court stops the state officials to take any unconstitutional step
ISLAMABAD ( Web News )
Chief Justice of Pakistan Justice Umar Ata Bandial on Sunday said that all orders and actions initiated by the prime minister and president regarding the dissolution of the National Assembly will be subject to the court’s order.
The chief justice made the observation after taking notice of the current situation in the country following the dismissal of a no-confidence motion against Prime Minister Imran Khan by National Assembly (NA) Deputy Speaker Qasim Khan Suri and the subsequent dissolution of the NA by President Dr. Arif Alvi, the spokesperson of the apex court said on Sunday.
A three-member bench of the top court comprising CJP Bandial, Justice Ijazul Ahsan and Justice Mohammad Ali Mazhar heard the case and issued notices to all the respondents, including President Alvi and deputy speaker of the NA.
Supreme Court of Pakistan has also stopped the state officials to take any unconstitutional step. Chief justice of Pakistan said that no government institution will take any unconstitutional step.
The court has adjourned the further hearing of the suo moto notice till today (Monday). The court has issued notices to Attorney General of Pakistan Barrister Khalid Jawed Khan, secretary interior, secretary defense, chief election commissioner and other concerned parties. The court has also directed to make Supreme Court Bar Association and political parties as party in the suo moto notice case.
Chief justice Umar Ata Bandial said that the law and order situation should not be deteriorated. Chief justice said that all the political parties should ensure the law and order situation. Chief justice said that the political parties should show restraint.
CJP Bandial observed that public order must be maintained and no state functionary shall take any ‘extra-constitutional’ step in the prevailing political situation.
The top court, after issuing notices to the Attorney General Pakistan and others on the matter, adjourned the hearing till today (Monday). The apex court also directed the AGP to determine the constitutionality of NA deputy speaker’s ruling. Five-member larger bench of the Supreme Court of Pakistan headed by Chief Justice Umar Ata Bandial will take up the case again today (Monday) at 1:00 PM.
Earlier, CJP Bandial arrived at the apex court, which was especially opened on a Sunday in light of the day’s unusual turn of events.
The leaders of the joint opposition as well as PTI’s ministers also arrived at the SC. The opposition has dismissed the ruling party’s actions as unconstitutional.
The petition filed by the opposition maintained that it is “most respectfully prayed that the act of the Deputy Speaker by proroguing the Session of Parliament on the vote of No Confidence Motion may be held to be in violation of fundamental rights of the people of Pakistan and against Article 66, 95, 17(2) and other enabling provisions and this act and all consequences thereafter may be set aside by declaring the same illegal, ultra vires to the Constitution and consequently the Speaker/ Deputy Speaker National Assembly may be directed to conduct the vote count on No Confidence Motion of the members present in the National Assembly on the floor of the house and declared the result of the No Confidence Motion.
“It is further prayed that the respondents may be directed not to interfere with the vote count and smooth voting on the resolution of No Confidence of the Prime Minister as per the Agenda today.
“It is also prayed that the Respondents and other delinquent persons involved in abrogating and subverting the Constitution may also very graciously be tried with and dealt strictly with in accordance with the law.
“Any other direction or relief which this Honorable Court deems fit and proper in the vindication of grievance aforesaid.”
Meanwhile the Supreme Court Bar Association (SCBA) also filed a constitutional petition with the Supreme Court in light of today’s events.
The lawyers’ association prayed in its petition that the SC declares the “impugned order of dissolution of the National Assembly issued under Article 58(1) of the Constitution is without lawful authority and of no legal effect.”
It urged the apex court to declare that the speaker could not give a ruling after the resolution for the vote of no-confidence was moved on March 28.
“Declare that all acts of the Respondents dated 03-04-2022 and all acts, directions, instructions, orders etc. taken by the Respondents or any other state functionaries in pursuance of the impugned order of dissolution of the National Assembly are without lawful authority and of no legal effect,” the SCBA’s petition further maintained.
The resolution of no-confidence was sought to be declared still pending before the National Assembly and voting on it held immediately.
“Restrain all state functionaries from acting in pursuance of the illegal and unlawful orders, actions, instructions of the Respondents dated 03-04-2022, during the pendency of the titled Petition,” the SCBA further prayed.
Earlier on Sunday, Pakistan Muslim League-Nawaz (PML-N) President and Leader of Opposition in the National Assembly Mian Muhammad Shehbaz Sharif termed Imran Khan a traitor of the Constitution and democracy.
Shehbaz said that Article 6 is now applicable on “Imran Niazi and his followers for openly violating the Constitution”. Shehbaz Sharif referred to the premier’s actions as anarchic and urged the chief justice of Pakistan to save the country from crisis.
“It is hoped that the Supreme Court will ensure the supremacy of the Constitution and fulfil its duty to protect the country from this violation of the Constitution,” the leader added.
While talking to media persons PPP Chairman Bilawal Bhutto-Zardari announced to take the matter of no-confidence motion against PM Imran Khan to the Supreme Court. He maintained that they have the majority and have the required numbers to dislodge the prime minister.
“The speaker committed an unconstitutional act at the final stage. The constitution of Pakistan has been violated and the punishment for violating the constitution is clear.”
Bilawal Bhutto Zardari said the deputy speaker committed an ‘unconstitutional act’ by dismissing the no-trust motion against Imran.
Taking to Twitter, Bilawal said, “The government has violated the constitution. Did not allow voting on the no-confidence motion.”
“Our lawyers are on their way to Supreme Court. We call on all institutions to protect, uphold, defend & implement the constitution of Pakistan,” he wrote.