As the National Assembly goes to vote on Prime Minister Imran Khan’s fate on Sunday (today) amid rising political temperatures, premier lawyers’ bodies have smelled a rat in the “sleight of hand” strategies the ruling party reportedly plans to deploy.
The Pakistan Bar Council (PBC) — the regulatory body of lawyers — and the Supreme Court Bar Association (SCBA) — the prestigious lawyers’ body — have expressed serious apprehensions over the government’s tapping into the legislative ambiguities and underdefined provisions to turn tables on the opposition.
The PBC, in a statement, warned that the political volatility may well serve as an opportunity for the ‘non-political’ forces to derail the democratic setup of the country.
PBC Vice-Chairman Hafeez-ur-Rehman Chaudhry noted that prevailing political tensions can pave a way for democratic irritants to take advantage of the already fragile democracy of the country.
Referring to the ruling party’s attempts to prolong the matter, Hafeez said that delaying the constitutional process of no-confidence motion on “flimsy pretexts, most likely on the behest of democratic irritants, can put the country in an irrecoverable situation”.
The vice-chairman called upon the Chief Justice of Pakistan (CJP) to take notice so as to ensure that the no-confidence motion takes place as per the democratic tradition, irrespective of its result.
He urged the CJP to make sure the process takes place smoothly in order to ensure the supremacy of the Constitution, rule of law and in the best interest of democratic and constitutional norms.
‘Misuse of Article 94’
Meanwhile, Supreme Court Bar Association (SCBA) has urged the NA speaker to hold the election of a new prime minister immediately after the completion of the no-confidence motion process on Sunday (today).
Speaking to The Express Tribune, President SCBA Ahsan Bhoon said that the president should not misuse Article 94 of the Constitution which says that the president is entitled to ask the PM to continue to hold office until his successor is sworn in.
Earlier, Interior Minister Sheikh Rashid Ahmad had indicated that the president would invoke Article 94 of the Constitution, enabling PM Imran to continue occupying the office.
The SCBA president, citing Article 91 (3) of the Constitution, emphasised that the NA speaker was bound by the law to hold elections for the next prime minister immediately after the completion of the no-confidence motion process.
He also said that PM could not do official work in case Article 94 of the Constitution is invoked.
Bhoon went on to say that PM Khan was apparently seeding grounds for an anarchic situation and extra-constitutional steps.
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Lawyer Hafiz Ahsaan Ahmad Khokhar said that Article 94 of the Constitution provides a mechanism and gives discretion to the president to ask the outgoing prime minister to continue occupying the office.
However, he added, this discretion was subject to a limited period, adding that it could not be stretched to a longer period or invoked on personal whims.
"The president is constitutionally bound to call NA session as soon he receives the results declaring that the current premier has lost the majority by receding information through secretary National Assembly under rule 38 of conduct and business National Assembly.”
Khokhar also said that if the prime minister fails to survive the vote of confidence and loses the majority then his cabinet would also be dissolved immediately.
The senior lawyer, however, said that in case of disqualification by a court, he cannot be asked to carry on. But in all other cases he can be asked to continue till a successor is appointed, he added.
Renowned legal expert Reema Omer in her tweets said that Article 94, which allows the president to request the prime minister to continue to hold office until a successor is appointed, is applicable only when PM resigns - not ouster after voting of no confidence. She highlighted that in case the premier loses the majority, he ceases to hold office and NA has to elect a new PM.
She further said that when PM resigns, the president has a role to play as the resignation is made to the president under Art 91(8), adding that if a vote of no-confidence is successful, the prime minister immediately “ceases to hold office” under Article 95(4) - the president has no role or authority to ask him to continue.
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