SC urged to stall proceedings of committee on TORs

10 Jun, 2016

The Supreme Court was urged on Thursday to direct the Chairman Senate and Speaker National Assembly to restrain the Committee from any further proceedings in relation to Commission on Panama papers till the decision of four questions of law in the matter.
Filing a petition under Article 184 (3) of the Constitution to restore the power of the National Assembly under Article 141 to make laws for the whole of Pakistan, Shahid Orakzai made Sardar Ayaz Sadiq, Speaker National Assembly, and Chairman Senate Mian Raza Rabbani as respondents. Raising four points of law, Orakzai requested the court to decide four points of law including; "whether the National Assembly can make any law against the laid down procedure in Article 70 and its Rules of Procedure and Conduct of Business? ii. Whether members of both House can jointly draft any bill for the National Assembly? iii. Whether a Senator can interfere in the power of the National Assembly under Article 141 to make laws for the whole of Pakistan or any part thereof? iv. Whether the Speaker can constitute any Committee of the two Houses outside the Parliament (Joint Sitting) Rules, 1973?"
The petitioner submitted that the petition shall be withdrawn if a bill for Commission of Inquiry on Panama papers is introduced by the federal government, or a private member, in accordance with the Rules of Procedure and Conduct of Business of the National Assembly. Seeking interim relief Orakzai requested, "The Supreme Court may kindly instruct respondent Speaker to restrain the Committee from any further proceedings in relation to Commission on Panama Papers until the ruling on this petition."
Orakzai prayed the court to declare that the formation of the Committee is ultra vires of the Constitution and breaches the prescribed legislative procedure for federal laws amid directing the Speaker to withdraw the notification and regulate legislative procedure in accordance with the Rules of Procedure and Conduct of Business in the National Assembly as per his oath.

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