The Supreme Court Sunday barred all the state institutions from taking any ‘extra-constitutional’ steps in the wake of dismissal of vote on the no-confidence vote in the National Assembly against Prime Minister Imran Khan and subsequent approval by President Alvi to dissolve the assembly at the advice of the prime minister.
A three-member bench of the apex court – led by Chief Justice of Pakistan (CJP) Justice Bandial and comprising Justice Ijazul Ahsan and Justice Muhammad Ali Mazhar – heard the matter. 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.
After issuing notices to the Attorney General for Pakistan and others on the matter, the chief justice adjourned the hearing till Monday (today).
The apex court also directed the AGP to determine the constitutionality of NA speaker’s ruling. Earlier, CJP Bandial arrived at the apex court, which was especially opened on a Sunday in light of the day’s unusual turn of events. The leaders of the joint opposition as well as PTI’s ministers also arrived at the SC. The opposition has dismissed the ruling party’s actions as unconstitutional.
The petition filed by the opposition maintained that it is “most respectfully prayed that the act of the Deputy Speaker 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 declared the result of the No Confidence Motion. “It is further prayed that the respondents may be directed not to interfere with the vote count and smooth voting on the resolution of No Confidence of the Prime Minister as per the Agenda today. “It is also prayed 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. “Any other direction or relief which this Honorable Court deems fit and proper in the vindication of grievance aforesaid.” The Supreme Court Bar Association (SCBA) also filed a constitutional petition with the Supreme Court in light of Sunday’s events. The lawyers’ association prayed in its petition that the SC declares the “impugned order of dissolution of the National Assembly issued under Article 58(1) of the Constitution 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. “Declare that all acts of the Respondents dated 03-04-2022 and all acts, directions, instructions, orders etc. taken by the Respondents or any other state functionaries in pursuance of the impugned order of dissolution of the National Assembly are without lawful authority and of no legal effect,” the SCBA’s petition further maintained. The resolution of no-confidence was sought to be declared still pending before the National Assembly and voting on it held immediately. “Restrain all state functionaries from acting in pursuance of the illegal and unlawful orders, actions, instructions of the Respondents dated 03-04-2022, during the pendency of the titled Petition,” the SCBA further prayed.
