SC refuses to entertain plea against no-trust vote

Ingredients for invoking extraordinary jurisdiction have not been satisfied, says apex court

Hasnaat Malik April 02, 2022
Supreme Court of Pakistan. PHOTO: AFP/FILE


The Supreme Court has refused to entertain a constitutional petition seeking formation of a commission of inquiry to hold inquisitorial proceedings with regards to alleged anti-state activities by political parties.

The petition, drafted by former AGP Anwar Mansoor Khan and Azhar Siddique, prayed that the apex court direct the commission to hold day-to-day hearings, collect, analyse and appreciate all the incriminating evidence in possession of the federal government and the security institutions.

“It should then report to the apex court for appropriate directions to be given against any involved members of political parties in the unconstitutional and unlawful act against the government and the state of Pakistan,” it prayed further.

“On the basis of this report, direct the respondent federal government to take appropriate remedial action along with the mode and manner thereof, against the respondent political parties/their members.”

It further prayed to declare and direct that the “resolution of no confidence” was tainted, mala fide and utterly without jurisdiction for being motivated by "treason as well as sedition" and aided by foreign powers.

Refusing to entertain the petition, the registrar of the apex court stated that the petitioner had not pointed out what questions of public importance in the case are involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to invoke the jurisdiction of the Supreme Court under Article 184(3) of the Constitution directly.

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“Ingredients for invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution have not been satisfied,” the registrar pointed out.

“That notice issued to the respondent is not properly drawn as it is neither mentioned therein that for what purpose this Constitution Petition is being filed before this Court nor copy of the petition has been provided to the respondent.”

The court also stated that the petitioner had not approached any other appropriate forum available under the law for the same relief and has also not provided any justification for not doing so.

“Misconceiving multifarious prayers have been made in one Constitution Petition. That under Article 69 of the Constitution of Pakistan 1973, the validity of any proceedings in Parliament cannot be called In question,” the SC added.PHOTO: EXPRESS



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