ISLAMABAD: Supreme Court on Thursday restored National Assembly after announcement by the President decision to dissolve meeting and resolution of NA Vice Speaker Kasim Suri against Constitution.
five persons bench headed by Chief Judge of Pakistan Umar Ata Bandial read out short order and restored National Assembly.
- Resolution of the NA Vice Speaker declared unconstitutional
- The National Assembly was restored
- Prime Minister’s Council dissolve national assembly
- Security Council instructs President Arif Alvi to convene National Assembly session on April 9
- National Assembly to vote on no-confidence motion on Saturday
“As a result of of the foregoing, it is stated that in general material times The Prime Minister was under the prohibition established by the Clarification to paragraph (1) of Article 58 of Constitution and continues remain so limited. So he couldn’t ever advise the president dissolve Assembly as provided for in paragraph (1) of Article 58,” the order says.
“As a result of of the foregoing, it is announced that the advice proposed by the Prime Minister on or around 04/03/2022 to the President in dissolve The assembly was contrary to the Constitution and of illegal effect”, the order said.
Supreme Court also “declared that the Assembly in existence at all times and continues remain and be like that.
The Supreme Court ordered the speaker of the National Assembly, Assad Qasier, to call session on Saturday (April 9) from 10:00 to vote on in no-confidence motion against prime minister.
“…if no-confidence motion against in prime minister succeed, the meeting will appoint new prime minister”, the higher court said in a ruling.
Supreme Court also declared that the speaker could not interrupt the meeting and bring session to the end if the movement of distrust fails or after new prime minister is an elected if no-confidence movement is transferred.
The court ruled that no contestant would be barred from casting. vote. This also stated that if the no-confidence motion is not granted, then government will continue to bear out this affairs.
Earlier, while listening to the suo-motu notice, CJP Umar Ata Bandial said he would announce the verdict. of case related to the blocking ruling by Vice Speaker of the National Assembly Kasim Suri vote of no-confidence against Prime Minister Imran Khan after hearings for five days in a row.
After conclusion of arguments on all sides, the high court reserved its verdict, which was announced tonight.
April 3 Chief Justice of the Supreme Court of Pakistan Umar Ata Bandial drew attention to suo motu of constitutional crisis erupted after Suri banned voting on proposal, considering it “unconstitutional and funded from abroad” – move which, according to the opposition, is a flagrant violation of Constitution.
a five-man bench, headed by the CJP and consisting of Judges Ijazul Ahsan, Judges Mohammad Ali Mazhar, Judges Munib Akhtar and Judges Jamal Khan Mandokhel, heard the case.
To read more: Renaissance of feared the “doctrine of necessity”
After listening to the AGP’s arguments, CJP Bandial noted that clear that the ruling of Deputy Speaker of the National Assembly, Qasim Khan Suri, was wrong.
“The Assembly could not be dissolved during no-confidence movement,” said the CJP, adding that the dissolution of assembly after resolution in in house It was against Constitution.
The AGP argued that the assembly could only be dissolved after the no-confidence motion was denied.
Shahbaz urges UK to restore parliament
Meanwhile, when the leader of opposition in Shahbaz Sharif was summoned to the podium of the National Assembly, he stated that if the court recognizes that the decision of vice speaker was “erroneous”, then this should restore parliament.
Shahbaz further stressed that if the Vice Speaker move was unconstitutional then decisions taken by Prime Minister Imran Khan with in help of President Arif Alvi also “insignificantly”, adding that the statement of the SC also hints that no assembly has been dissolved.
” no-confidence motion against Prime Minister Imran Khan will automatically become restored once the highest court rules out Decree of vice speaker,” he said.
Challenge decision of vice speaker “unconstitutional and illegal”, PML-N leader said the vote should be held on April 3 and “constituencies may not be dissolved during the proceedings.”
He emphasized that several government allies and MNAs joined opposition, assuring five members bench that the united opposition will defend the Constitution of Pakistan.
CJP Bandial stated that the proceedings of the trial is conducted in accordance with section 184(3) because it is public percentage business.
Shahbaz next added that political stability is interconnected with Constitution of Pakistan.
During a cross-examination session, Judge Mandokhel asked Shahbaz that the opposition is demanding new elections, and now that they have the opportunity, why are they against This?
Answering his question, Shahbaz said that the elections were “stolenand laws of The constitution was “broken”; to which Judge Mandochel said that all laws that were broken would be restored.
“Won’t defend the vice speaker’s decision”
During the hearing, AGP spokesman Khalid Javed Khan declined to defend the April 3 decision of NA Vice Speaker Qasim Khan Suri.
Khalid Javed Khan claimed that his focus was on on new elections in the country. Those who duplicated build as selected for in past four years ago wanted become prime minister of same build, added.
Meanwhile, Jamal Khan Mandokhail noted that it seems that the speaker issued the decree, considering himself superior to everyone else.
During the course of proceedings, Attorney General for Pakistan (AGP) Khalid Javed Khan has notified the Supreme Court that the parliamentary hearing has no complete immunity.
He said: “I don’t think the parliamentary hearings complete immunity”.
AGP Notified High Court That Permission Was Granted move motion of no confidence against in prime minister on March 28 Lower House.
Advocate general claimed that military leadership was present in at a meeting of the National Security Committee (KNB), adding that participants of meeting participants were informed on “very sensitive issues.”
He claimed that he could not give his arguments over minutes of NSS meeting in open court. However, he suggested give en in-camera briefing in court on minutes of NSC meeting.
Continuing his argument, he said that there were 161 MNAs. in meeting when leave was granted on On March 28, adding that “172 deputies required for in no-confidence movement towards success.
He claimed that no-confidence had already was fired on March 28th.
Advocate general claimed that prime minister It has power to dissolve meeting, since he is the main stakeholder, adding that there is no need give but reason for dissolution of the National Assembly.
“The meeting will dissolve herself after 48 hours if the president didn’t decision on in prime minister council, – he added.
“Casting vote on in no-confidence movement is not basic right of any MNA,” he said, adding that the right is bound with Constitution and Assembly rules.
“You say the right is bound with rules under Article 95?” CJP asked.
The AGP stated that government formulated in The House of Representatives and the Constitution speaks of five-year term of home but not of its members. If the speaker removes any member, he may not move court against in decision added.
“The court may intervene if any action has effect outside parliament’
CJP Bandial asked if there was a trial in the National Assembly effect on situation outside of parliament in This business.
“The court may intervene if any action has effect outside Parliament,” the CJP noted.
Meanwhile, Judge Alam asked if there was any unconstitutional act in Parliament has constitutional immunity.
Whereas Judge Mandochel asked if there is any decision if an unconstitutional act takes place in Parliament.
To this, Barrister Zafar replied that Parliament should solve in issue and the solution is to go to people [election].
Referring to past verdict, Zafar said dick in House of Commons was not allowed to take the oath because the court said it could not interfere.
At the same time, CJP Bandial asked that should be done if there is injustice in Parliament.
“Is the formation of federal government internal affairs of Parliament?” – he asked.
In his reply, Barrister Zafar said that the elections of but prime minister or no-confidence movement” is an internal affair of Parliament”.
“The National Assembly is constituted to elect its speaker and prime minister. However, the court may review formation of federal government and dissolution of assembly” he added.
With this, CJP Bandial said that it would be determined who there will be a premiere vote of No confidence against Prime Minister Imran Khan held.
Meanwhile, Judge Mandohel noted that Parliament responsible for legislation.
“What will happen if Parliament does not make laws?” he asked.
To this, Barrister Zafar said that the old laws would remain. in place unless legislation is passed.
Democracy and elections cannot be separated, lawyer Zafar said, adding that voters have the most power.
Referring to the end of Mohammad Khan Junjo, led by the government, Zafar, said the court found it unconstitutional.
“The court held that people will decide as the matter goes to the elections,” Zafar said, demanding from the Supreme Court rule what decision to be left to people of Pakistani, even if an illegal act has been committed.
Judge Alam noted that the court has a case of no-confidence in front of this, instructing Zafar to refer to the speaker’s resolution, which was adopted after the resolution of no-confidence was laid out on the table.
At the same time, Zafar said that the dissolution of the Assembly was announced in in current also case.
“No constitutional crisis in Pakistan’
Meanwhile, CJP Bandial asked Zafar share what is a constitutional crisis.
“Where is the constitutional crisis, if everything happens according to the Constitution? No constitutional crisis in Pakistan,” said the chief judge.
He noted that the speaker’s decision appeared to be a violation of Article 95
“Can anyone call but new elections, adjudicating if they fail? Billions of rupees spent on elections,” said CJP Bandial.
At today’s hearing, the Attorney General for Pakistan (AGP) Khalid Javed Khan, Imtiaz Rashid Siddiqui – representing Prime Minister Imran Khan – and Naeem Bukhari – counsel for NA Speaker Asad Qaiser and Vice Speaker give arguments.
this worth mentioning that during yesterday’s hearing, PTI lawyer Babar Awan, as well as Senator Ali Zafar, representing President Dr. Arif Alvi, appeared in the Supreme Court.
Babar Avan presented arguments over constitutionality of Suri, while Arif’s lawyer Alvi Ali Zafar conferred on boundary between the judiciary and the legislature in accordance with Article 69 of Constitution.
‘SK wants to wrap up case today, chief judge of Pakistan Umar Ata Bandial said on Wednesday.
“We first want wrap up a business on what’s happened in then on April 3rd.