CJP Qazi Faez Isa says why should not the apex court proceed against Qasim Suri for abrogating the Constitution
Says whoever violates the Constitution will have to face the consequences
Summons Qasim Soori in person on next hearing of the case
ISLAMABAD ( Web News )
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa has observed why should not the apex court proceed against former National Assembly deputy speaker and Pakistan Tehreek-e-Insaf (PTI) leader Qasim Khan Suri for abrogating the Constitution.
“Qasim Suri did not hold [voting] on the no-confidence motion. He became the cause of the constitutional crisis in the country,” the CJP remarked while referring to the 2022 crisis related to the ouster of then-prime minister Imran Khan via parliamentary vote.
The CJP said it was suggested by the five-member larger bench headed by former chief justice Umar Ata Bandial that Suri be tried under Article 6 for committing treason. “Then tell us, why we should not proceed against you on abrogation of Constitution?”
The CJP made these remarks during the hearing of a plea filed by Qasim Khan Suri in 2019 against the election tribunal’s decision to declare his election from NA-265 (Quetta- II) void on September 27, same year on the petition of opponent candidate Nawabzada Mir Haji Lashkari Raisani.
In October 2019, a three-member bench of the apex court headed by then Justice Umar Ata Bandial suspended the order of the election tribunal and restored the NA membership of Qasim Suri till the matter was decided by the court.
Baloch leader Lashkari Raisani had challenged the Suri’s victory from the Quetta’s constituency in the 2018 elections. The matter has been lying pending before the apex court since then.
A three-member headed by the CJP Qazi Faez Isa and comprising Justice Muhammad Ali Mazhar and Justice Musarraf Hilali took up the matter on Tuesday.
During the hearing of the case, Suri’s counsel Naeem Bukhari told the bench that the matter of his client’s disqualification and re-election in his constituency has now become infructuous. Chief justice said that if the counsel is not ready to move forward with the appeal then the High Court verdict will come in the field. Chief justice said that the election petitions should immediately be fixed for hearing. Chief justice said that if the Supreme Court will be used then we will fix it retrospectively. Chief justice while addressing Naeem Bukhar said he should call his client. Upon this Naeem Bukhari said his client is not present in the court.
At which, the counsel for Raisani present on video link in Quetta Registry Syed Nazir Ahmed Agha said Qasim Suri served as the deputy speaker illegally and demanded that he should be asked to return the perks and privileges that he “enjoyed” during the stay period.
The CJP said the Balochistan High Court (BHC) tribunal had directed to re-conduct the elections in Suri’s NA-265 constituency. Lawyer Naeem Bukhari said his client had stepped down as the National Assembly member. “Then why did you file an appeal?” the CJP inquired.
Bukari replied that the Supreme Court suspended the tribunal’s decision in 2019.
“How are you saying that the Supreme Court suspended the decision? You have asked for a stay order from the Supreme Court which was granted,” the CJP noted.
The top judge said if the apex court was “being used” in the past then he wanted to fix the mistake. “If something went wrong, then the entire election of 2018 will be reviewed,” he added.
During the case’s hearing, the CJP also inquired about the dissolution of the National Assembly by President Dr. Arif Alvi on the advice of then prime minister Imran Khan on April 3, 2022.
The CJP said the deputy speaker dissolved the assembly illegally and referred to the SC’s April 7, 2022 decision saying that a five-member bench recommended holding trial of Suri under Article 6 for committing high treason. “Whoever violates the Constitution will have to face the consequences,” the CJP stated.
CJP Isa also resolved to end interference in the internal matters of the Supreme Court, saying “if the fixing of cases in the Supreme Court continues to be manipulated then the old matters will also be fixed”.
After Bukhari asked CJP if was angry with him or the system, CJP Isa said he was admitting that there had been manipulation in the Supreme Court. “Qasim Suri should also admit his mistake,” the CJP remarked.
Counsel Naeem Bukhari said the case was clubbed with other cases. The CJP remarked that court would investigate as to why the case was clubbed with other cases and why it was not fixed for hearing for so long. “The apex court is an institution that belongs to all. If it is ruined, it would be a loss of everyone,” observed the CJP. If the court was used by someone, it would be rectified, he said.
Chief justice said that Pakistan was destroyed but was not ready to quit the office. Chief justice said that every system has been manipulated in the country. Chief justice said that why the bench fixed this case with other cases, adding that we will also hold our internal inquiry. Naeem Bukhari said that why the cases were tagged he knew nothing, adding that he never got the case fixed or deleted it.
The SC adjourned the hearing of the case for a month and summoned Qasim Suri in a personal capacity. Chief justice also directed Qasim Suri to submit reply with his own signatures in three weeks time. Chief justice said that the Registrar of the Supreme Court should tell why this appeal was fixed with other cases and why the case was not fixed for early hearing after 22nd March.
Justice Muhammad Ali Mazhar remarked that the election tribunal clearly wrote in the judgment that Qasim Suri committed corrupt practices.