ISLAMABAD: After the lower house of parliament rejected the no-confidence motion against Prime Minister Imran Khan followed by dissolution of National Assembly by the president, Supreme Court of Pakistan on Sunday directed all state institutions to refrain from taking any “extra-constitutional” step.
A three-judge bench headed by Chief Justice of Pakistan Justice Bandial comprising Justice Ijazul Ahsan and Justice Muhammad Ali Mazhar heard the issue.
The chief justice 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 (AGP) and others on the matter, adjourned the hearing till Monday (today).
The apex court also directed the AGP to determine the constitutionality of National Assembly Speaker’s ruling on the no-confidence motion against the prime minister.
During the hearings, the chief justice directed all the political parties in the country to act responsibly and said the law and order situation should not deteriorate.
“The public order should be maintained,” he added.
He said the court did not want to drag the hearing on account of Ramadan and that notices should be issued to all the political parties.
No-confidence motion: SC issues notices to 4 major political parties
The top judge also ordered the interior and defence secretaries to brief the court on the law and order situation in the country.
The chief justice accepted a request by Pakistan People’s Party’s (PPP) to review the ruling of deputy speaker National Assembly Qasim Suri.
However, the bench rejected a request to suspend the deputy speaker’s ruling and directed the AGP to present the ruling of NA deputy speaker today (Monday).
The chief justice remarked that President Arif Alvi should be made a respondent in the case since it was an important matter, adding the Supreme Court Bar Association and all political parties should be made respondents in the suo motu notice.
The court issued notices to AGP Khalid Javed, the NA speaker, deputy speaker, defence and interior secretaries, all political parties to appear before the court today (Monday).
The chief justice arrived at the apex court, which was especially opened on a Sunday in light of the dismissal of the no-confidence motion against the prime minister by the deputy speaker.
The leaders of the joint opposition, as well as, PTI’s ministers also arrived at the apex court.
The opposition has dismissed the ruling party’s actions as unconstitutional.
The petition filed by the opposition maintained that it is “prayed that the act of deputy speaker NA 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 declare the result of the no confidence motion”.
It is also prayed the court 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.
The Supreme Court Bar Association (SCBA) also filed a constitutional petition in light of happenings in National Assembly, saying the “impugned order of dissolution of National Assembly 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.
Copyright Business Recorder, 2022
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