Vote on no-trust motion in NA on Friday: No ‘unlawful obstruction’ will be there, AGP tells SC

ISLAMABAD: Attorney General for Pakistan submitted no “physical or unlawful” obstruction will be there on the day of no-confidence vote for parliamentarians to cast vote or enter into the National Assembly.

A two-judge bench, headed by Chief Justice Umar Ata Bandial and comprising Justice Muneeb Akhtar, on Monday heard the Supreme Court Bar Association (SCBA) President, Ahsan Bhoon’s constitutional petition, filed under Article 184(3) of Constitution.

AGP Khalid Jawed Khan informed that President Dr Arif Alvi has filed a reference under Article 186 of the Constitution.

The chief justice said that a larger bench would be constituted to hear the reference and he fixed the case for March 24.

President Pakistan Muslim League-Nawaz Shehbaz Sharif, Chairman Pakistan Peoples Party Bilawal Bhutto Zardari, JUI-F Chief Maulana Fazlur Rehman, Information Minister Fawad Chaudhry, and the leaders of other political parties including BNP-Mengal and ANP were present during the proceeding.

The attorney general said; “There is no issue with any of the prayers of the SCBA petition. He said when the session is convened then there will be no mob to obstruct the MNAs from entering into the Parliament and cast his vote. “There will be no “physical or unlawful” obstruction on the day of the no-confidence vote.”

He stated that if an MNA is willing to come to the Parliament and cast his vote he will be allowed and he would not be arrested or detained. He said the Speaker is the custodian of the House and independent, he also has no desire, plan or such intention, adding what he has stated is not on the instruction, but this in his personal capacity. The requirement of the Constitution would be fulfilled, adding the ruling party is not doing any horse-trading.

AGP Khalid said the proceedings of the Parliament would not be delayed on the basis that the Reference on the matter is pending before the Supreme Court. He submitted; “There is no allegation of horse-trading against the ruling party,” adding that as the attorney general, he would not level allegations against any other party, as well.

The attorney general stated; “Benazir Bhutto had ordered that [parliamentarians] be forcibly brought during the no-confidence vote. Her supporters were kept in places like Changa Manga. If any member does not want to come to the session, he will not be brought forcibly.”

However, he maintained that the party head could initiate action under Article 63-A.

Justice Muneeb inquired what would happen if an MNA goes to the assembly despite, being stopped by their party. “People voting against the party policy cannot be stopped,” the AGP replied.

At the onset of the hearing, Advocate Mansoor Usman Awan, representing the SCBA, argued that one of the prayers of the Bar is to direct the speaker of the National Assembly to discharge his duties, perform his functions and dispose of the proceedings on the motion for no-confidence against the prime minister strictly in accordance with the 1973 Constitution, and the Rules of Procedure and Conduct of Business in the National Assembly, 2007.

He contended that the National Assembly speaker has not complied with Article 95 of the Constitution, adding as the NA Session that should have been summoned today (March 21), but now is scheduled for March 25. He also read the Rules of Procedures of the National Assembly on the requisition of the Session.

Justice Bandial said these are the procedures of the National Assembly, and told the lawyer that the Court would not go into it, but would look only at the legal and Constitutional matters. The judge inquired from the counsel, does he want to say that fundamental rights of the parliamentarians should not be defeated. He said: “The purpose of the Supreme Court proceedings is that the right of the lawmakers [to cast vote] must not be defeated.”

Justice Munib observed that after joining a political party, a member’s individual vote during a no-confidence proceeding was considered a “collective right”. He said as per Article 17, a member’s individual vote had “no status”, adding that the court had previously made similar observations in 1988 and 1993, in cases related to former prime ministers, Benazir Bhutto and Nawaz Sharif.

Mansoor replied the Bar wanted that Article 95 of the Constitution is fully complied with, adding certain timeframe mentioned in the article is violated.

The chief justice refused to intervene in the matter concerning the delay of the National Assembly session by the Speaker, and advised the counsels representing the opposition leaders to raise this matter in the parliament.

Earlier, Inspector General of Police, Islamabad, submitted the report about the attack on Sindh House. Two PTI MNAs from Karachi – Fahim Khan and Attaullah Niazi – were also named in the FIR. However, they and other protesters have obtained bail from the executive magistrate.

Advocate General Sindh Salman Talibuddin through a video-link said that the Sindh government has proof of the attack, adding the MNAs have incited the protesters to attack the Sindh House in Islamabad.

The chief justice said it is expected that whatever the AG Sindh said would be included in the FIR.

AGP Khalid Jawed said that he had expressed his deep regret over the incident on Saturday and is expressing the same today. He told that the PM Imran Khan has also expressed concern over attack on Sindh House. He stated that if the complainant is not satisfied then they could approach the relevant forum, and asked the Supreme Court not to pass any order and give observation as it is the last forum to give its ruling on it. He said the mob has no place in a democratic society, adding the Constitutional Avenue is a very sensitive place.

The Bench directed the attorney general to supply the copy of the Reference to all the political parties, so that they read it. The parties were asked to file the concise statement in order to save time.

The court directed the administration to make all efforts to maintain law and order and act fairly and impartially.

He said that they will not allow anyone to hold protest in D-Chowk on the voting day.

Copyright Business Recorder, 2022