ISLAMABAD: PML-N President Shehbaz Sharif wrote back to President Dr Arif Alvi and raised objection over the “hurried process” of appointment of a caretaker prime minister, terming the move as violation of the law and the Constitution, as the case is sub judice in the Supreme Court.
Through a letter addressed to President Alvi in response to his earlier letter of 4th April about the consultation process with regards to appointment of the caretaker prime minister, Shehbaz pointed out that the ruling of the Speaker regarding the joint opposition’s resolution for a vote of no confidence against the prime minister “is a blatant violation of the Constitution of the Islamic Republic of Pakistan, not to mention the Rules of Procedure and Conduct of Business in the National Assembly, 2007.”
“The entire super-structure built thereon, including all consequential notifications relating to dismissal of the Resolution, advice of the prime minister regarding dissolution of the National Assembly, and continuation of the prime minister in office are all illegal, without lawful authority and of no legal effect,” he wrote.
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He added that the Supreme Court of Pakistan took suo motu notice of the proceedings in the National Assembly on 3rd April 2022 under Article 84(3) of the Constitution and in its order of that day (in suo motu case no 1 of 2022) directed that: “Any order passed by the prime minister and the president shall be subject to the order of this Court.”…Thus process of appointment of caretaker prime minister started by you under Article 224(1A) of Constitution in a hurried manner is simply to defeat the process of law and Constitution without waiting for decision in suo motu case and petitions filed by combined opposition parties and other petitions challenging rejection of no confidence resolution against prime minister and prorogation of requisitioned session of National Assembly by deputy speaker and consequent dissolution of National Assembly by prime minister, which are still pending adjudication before Supreme Court. Thus, the start of the said process by you is not acceptable as it is violation of the law and Constitution and is sub judice,” he further wrote.
In the circumstances, Shehbaz added that the name of Justice (retired) Gulzar Ahmed proposed to be appointed as caretaker Prime Minister by Imran Khan is a blatant attempt to subvert the provisions of the Constitution of Pakistan and to pre-empt the decision of the Supreme Court in the above-mentioned proceedings in which all issues including the violation of Article 244 and 224A at this stage are sub judice and as such name of Justice (retd) Gulzar Ahmed as caretaker prime minister is not agreed upon.
“This is without prejudice to the rights of combined opposition parties under the law and the Constitution of Pakistan,” Shehbaz further stated in his letter. Shehbaz, who is also president of Pakistan Muslim League-Nawaz (PML-N), earlier in the day, urged all the political forces and the people to get together to uphold and protect the Constitution.
“Lust for power has wholly paralysed Niazi and the remainder of his henchmen psychologically and mentally. The fact that some PTI people have stood up against Niazi in defence of the Constitution is welcoming. Let us all get together as Pakistanis to uphold and protect the Constitution!” he stated in a tweet.
Copyright Business Recorder, 2022
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