In a three-page letter addressed to the NA speaker, the former chief justice upheld PTI MNAs should be unseated in view of Article 64 (1) (2) of the Constitution.
“Mr. Speaker, having recalled these basic Constitution principles, let me draw you intention to a matter of great public concern which has transpired only recently. You would recall that on August 22, 2014 parliamentarians belonging to the Pakistan Tehreek-e- Insaf had voluntarily tendered their resignations from National Assembly,” the letter stated.
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“Not only did they publically repudiate their seats but actually turned their resignations in writing and their subsequent conduct fully reaffirmed this decision of theirs,” it added.
The letter further stated after having tendered their written resignations, PTI MNAs remained absent from the sittings of the National Assembly for more than 40 consecutive days without seeking leave from the House.
“As a result of these actions, under Article 64 of the Constitution, their resignations became effective and they lost any constitutional entitlement to a seat in the House,” the letter upheld.
Former CJP further asked NA speaker that despite knowing these facts and relevant laws, he allowed PTI parliamentarians ‘intrude’ into the joint session of Parliament on Yemen.
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“Mr Speaker, from your lapse we can draw two conclusions, either it shows that you do not take your oath to uphold the Constitution very seriously or that you do not fully appreciate the meaning of the constitution you have sworn an oath to defend,” letter said.
Chaudhry while referring to Article 53 (2) of the Constitution asked NA speaker that his oath leaves no option but to defend the sanctity of the House and to defend it from the intrusion of strangers.
Further, the letter questioned whether Sadiq’s decision to allow PTI to sit in Parliament was a result of a failure to grasp the meaning of Article 64 (1), which states that if, a member of Parliament writes to the speaker to resign from his seat then it shall become vacant.
Chaudhry added PTI MNAs on April 6 did not inquire about the fate of their resignation as they are still pending on speaker’s NA file.
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“The speaker was under constitutional obligation to notify acceptance of their resignation enabling the Election Commission of Pakistan to hold by-elections of the vacant seats as under the Constitution and law discretion does not vest in you to deny the acceptance of resignations submitted voluntarily by parliamentarians,” it added.
Former chief justice said PTI MNAs remained absent from Parliament for more than 40 consecutive days, therefore, their seats are vacant in view of Article 64 (2) of the constitution.
“There are media reports that constitutional jurisdiction of superior courts have been invoked by different persons, challenging the non-enforcement of Article 64 (1) (2) of the Constitution by you, the why should such petitions be necessary, why can’t this work be done at your initiative?” the letter added.
A copy of the letter obtained by The Express Tribune can be obtained here:
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