No-confidence vote against Imran Khan: Did SC encroach upon parliament’s jurisdiction?

ISLAMABAD: The Supreme Court in its order directing the Speaker of National Assembly to hold the no-confidence vote against former prime minister Imran Khan has encroached upon the jurisdiction of the parliament, a section of the apex court lawyers maintain.

Aftab Ahmed Bajwa, former general secretary Supreme Court Bar Association, while talking to Business Recorder said when Article 69 of the Constitution clearly states that the validity of the proceedings in Parliament shall not be called into question on the ground of any irregularity of procedure then directing the Speaker to hold no-confidence vote does not seem right.

He said in spite of procedures for no-confidence vote laid out in Article 95, Article 69 bars the court from intervening in matters of the Parliament, adding that the Supreme Court should have respected the sanctity of Parliament. He further advised ‘waiting for the detailed judgment, and how the Supreme Court justified its intervention in parliament’s affairs’’.

He said there was no emergency in the country and for the Supreme Court and the Islamabad High Court to open at night to take the matter related to the no-confidence move gave the wrong signal to the masses.

Barrister Ali Zafar stated that in the context of the hierarchy, Parliament is a supreme body which can make laws and conduct its own business, adding separation of powers is like a beehive: a delicate balance has to be achieved which can only be possible with mutual respect.

The senior counsel contended that Articles 67 to 69 have been the subject matter of interpretation in Pakistani courts, but the sum total of all the judgements delivered on the matter is that any decision taken during and within parliamentary proceedings/business of Parliament are not justiciable. It is only if a proceeding is outside the scope of proceedings in parliament can the court examine it.

Ali Zafar said all procedures relating to the business of the National Assembly are procedures of Parliament - whether contained in the Constitution or framed under Article 67.

Former vice-chairman of Pakistan Bar Council, Kamran Murtaza concurred stating that there was violation of procedure given in Article 95 of the Constitution. How could the judges, who have taken oath to defend and protect the constitution, allow violation of the constitutional provisions, he queried.

Advocate Hafiz Ahsan Ahmad Khokhar, said as per Article 58 of the Constitution, the Prime Minister cannot dissolve the National Assembly when a notice of a resolution for a vote of no-confidence has been moved against him adding that in that case the advice of PM Imran Khan to dissolve the Assembly was in violation of the constitution.

Copyright Business Recorder, 2022