SC bars institutions from ‘extra-constitutional’ steps

Apex court to take up opposition’s plea on NA matters today

ISLAMABAD:

The Supreme Court on Sunday barred all state institutions from taking any “extra-constitutional” steps in the wake of the dismissal of the no-confidence vote against Imran Khan and the subsequent dissolution of the National Assembly by the president.

A three-judge bench led by Chief Justice Umar Ata Bandial and comprising Justice Ijazul Ahsan and Justice Muhammad Ali Mazhar, issued notices to the attorney general for Pakistan (AGP) and ordered that the matter be put up before a before a larger bench on Monday (today).

Read more: Deputy speaker dismisses no-trust motion against Imran, terms it against Article 5

The apex court directed the AGP to determine the constitutionality of the ruling of the deputy speaker. During the hearing Chief Justice Bandial observed that “public order must be maintained” and “no state functionary shall take any extra-constitutional measure” in the prevailing political situation.

Chief Justice Bandial arrived at the apex court, which was especially opened on a Sunday in the light of the day’s unusual turn of events. The leaders of the joint opposition as well as ruling Pakistan Tehreek-e-Insaf’s (PTI) ministers also arrived in the court.

The opposition filed a petition in the apex court, maintaining that the act of the deputy speaker by proroguing the session of Parliament on the vote of no confidence motion be declared a violation of fundamental rights of the people.

The petition added that the deputy speaker’s ruling was against the articles 66, 95, 17(2) of the Constitution and other enabling provisions and that “this act and all consequences thereafter may be set aside by declaring the same illegal, ultra vires to the Constitution”.

The petition sought direction to the National Assembly speaker/deputy speaker to conduct the vote count on the no-confidence motion of the members present in the National Assembly, on the floor of the house and declare the result of the no confidence motion.

“It is further prayed that the respondents might 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,” the opposition’s petition read.

“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.”

Separately, the Supreme Court Bar Association (SCBA) also filed a constitutional petition in the Supreme Court in the light of Sunday’s events. It requested the apex court to declare that 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”.

The lawyers body also 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. They prayed that the Supreme Court declared that the resolution of no confidence was still pending before the national assembly.

“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 prayed.

“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.

During the hearing, the court said that it would review the ruling of the speaker, keeping in view the constitutional articles and added that the steps taken by the president and the prime minister would be subject to the court’s final decision in the case.

Read more President Arif Alvi dissolves National Assembly on PM Imran’s advice

The court has rejected the plea for staying the deputy speaker's ruling. The bench said that it would review the status of the ruling within the constitutional limits. It also held that during the hearing of the case, Articles 5 and 69 of the Constitution would be taken into consideration regarding the proceedings of the assembly and the ruling of the deputy speaker.

PPP lawyer Sardar Latif Khosa requested the court that the speaker’s ruling be suspended but Justice Ahsan said that the court would not issue orders on the steps already taken. The chief justice remarked that the matter was being adjourned for one day only.

SCBA President Ahsan Bhoon informed the bench that everything that happened in the NA session was a matter of concern. The chief justice said that “everyone” was being summoned on Monday (today) and the decision will be made only in accordance with the law.

JUI-F lawyer Kamran Murtaza told the court that the assembly members had staged a sit-in against the ruling. The chief justice said that it would be better for the legislature to function in a dignified manner.

Later, in a four-page order, the chief justice said that several judges of the apex court met him to share their concern about the constitutional situation, following the rejection of the no-confidence motion by the deputy speaker on the basis of Article 5 of the Constitution.

“In view of the above consensus, power under Article 184(3) of the Constitution is invoked to initiate original proceedings before the Court. To be heard by Bench comprising CJP, Ijaz-ul-Ahsan, J and Muhammad Ali Mazhar, J.”

The order said that the matter of concern for the court was that peace and public order was maintained in the country. “Accordingly, all the political parties involved in the process of the no-confidence motion and other political forces were directed to observe the law and maintain peace and public order,” it said.

“No state functionaries or bodies shall take any extra-constitutional measure and shall act strictly in accordance with Constitution and the law as guided by the principles laid down by this Court in the case of Sindh High Court Bar Association vs. Federation of Pakistan (PLD 2009 SC 879).”

The court further said that any order passed by the prime minister and the president would be subject to the order of this court. On the petitions filed by the PPP and the SCBA, the court issued notices to the respondents and to all the political parties already before the court.

“Notice be also issued to the Federal Secretary Interior and the Secretary Defence to report the steps being taken to ensure public order, peace and tranquillity throughout the country,” the order said.

The court also issued notice to the SCBA and the Pakistan Bar Council (PBS) to assist the court in these suo moto proceedings and the constitution petitions filed under Article 184(3).

Read more: Opposition cries foul after dismissal of no-trust vote

Azam Nazeer Tarar informed the court that the proceedings of the Punjab provincial assembly were fixed on Sunday for the election of the new chief minister but the proceedings were adjourned by the deputy speaker of the provincial assembly to another date without citing any reason.

“It is directed that the state functionaries and the law enforcement agencies of the Province shall ensure that peace and public order is maintained in the Province and they act strictly in accordance with the Constitution and the law guided by the principle laid down by this Court in Sindh High Court Bar Association’s case (ibid),” the order said.