ISLAMABAD: As the Supreme Court heard a case related to public gatherings of the Opposition and the government in the federal capital — ahead of the no-confidence motion against Prime Minister Imran Khan — Chief Justice of Pakistan Umar Ata Bandial said Monday that the assembly’s “wars” should be fought in the assembly.
The Supreme Court Bar Association (SCBA) petition for the supreme court’s intervention to prevent “anarchy” was considered by a two-member bench led by CJP Bandial and including Justice Muneeb Akhtar.
During the hearing, opposition leaders including PML-N President Shahbaz Sharif, PPP Chairman Bilawal Bhutto-Zardari, and JUI-F Chief Maulana Fazlur Rehman were present, as were other opposition figures.
The lawyer for SCBA stated at the opening of the hearing that the NA Speaker had called the assembly session for March 25 and that it must be convened within 14 days of the no-trust motion being filed under Article 95.
“The court is undecided about meddling in the business of the NA. It merely wants to make sure that no one’s right to vote is harmed “During the hearing, CJP Bandial made a comment.
Listening to the SCBA counsel’s arguments about the delay in voting on the no-confidence motion, which was submitted on March 8, the CJP remarked that “these are assembly internal problems,” and that it would be better to fight these battles within the assembly.
The petitioner’s counsel emphasized that under Article 95, the National Assembly’s speaker must convene a session within 14 days of the no-confidence motion being submitted.
CJP Bandial stated that the SCBA wants parliamentarians to be able to vote for anyone they want when it comes to the no-confidence motion.
However, he questioned if an MNA’s personal choice can differ from the party’s position.
The counsel for the SCBA contended that all MNAs should be able to vote freely. Justice Muneeb Akhtar then enquired about the provision that allows lawmakers to vote freely.
Responding to the query, the SCBA’s lawyer said that the MNAs elect the speaker and other officials of the assembly under Article 91.
“If someone is casting his/her vote how can someone say that it is not their right to vote,” Justice Akhtar said, asking the SCBA on which article the body has based its case.
“All of this is the assembly’s internal matter and it will be better than it is settled in the assembly. We do not want to go into details of this matter,” the CJP said as the SCBA sought to stop the gatherings.
When asked what the political parties wanted the court to do in this case, CJP Bandial stated that the judiciary could only act as a mediator in political problems for the sake of democracy.
The court ruled that party workers could not be brought to the capital to prevent parliamentarians from voting on the no-confidence motion during the session.
The CJP recommended the political parties to “sit down and develop a consensus […] find a location other than D-Chowk.”
‘Ashamed of the situation at Sindh House’
In relation to the Sindh House incident, the IG Islamabad Police told the court that JUI-F workers attempted to enter Sindh House but were stopped near Balochistan House.
He went on to say, “We are ashamed of the situation.”
Attorney General Khalid Javed Khan, speaking on the event, said that the police and other relevant agencies have been given orders to examine the matter.
The CJP maintained that the true issue is preventing MNAs from voting, stating that the case was heard on Saturday in order to encourage everyone to follow the Constitution.
During the assembly session, the public will not be permitted to access the Red Zone area, according to the AGP.
“We have complete faith in you,” the CJP told AGP.
The attorney general urged the administration and the opposition to dispute in a civil manner.
Meanwhile, CJP Bandial announced the formation of a wider bench to hear the presidential referral and set a hearing date for March 24.
He further stated that all parties should submit their responses to the reference in writing.
‘Collective right’
Article 17 deals with the formation of political parties, according to Justice Munib Akhtar, who highlighted necessary rules for voting. He said that under Article 17, rights belong to political parties, whereas the right to vote belonged to political parties under Article 95.
Individual votes have no legal status under Article 95(2), he continued, pointing out that votes are regarded as a collective right after joining a political party.
‘Assembly of the National Assembly in conformity with the law’
Minister for Information Fawad Chaudhry remarked after today’s session that the fight against corrupt elements will be carried out to its logical conclusion.
He told reporters that the administration had requested the Supreme Court’s view on Article 63-A, alongside Minister for Energy Hammad Azhar and Adviser on Parliamentary Affairs Babar Awan.
Prime Minister Imran Khan, he said, is standing firm.
“The party also gave dissident members the opportunity to return.”
According to the minister, the PML-media N’s wing is waging a propaganda war against the army in order to drive a breach between the government and the military.
In his remarks, Babar Awan stated that, in accordance with the constitution, the speaker has called the National Assembly session for March 25th. He reminded the lower house that a vote had been passed unanimously in the lower house to provide the assembly hall for the OIC’s session.
Bilawal would not make any political statements
Before the hearing, Bilawal told the reporters that he would not make a political remark on the grounds of the Supreme Court.
Instead, the PPP chairman stated, “We will wage a political struggle.”
According to him, the political parties did not file a formal petition in court against the NA speaker.
“We haven’t taken the House of Commons to the court’s door. SCBA filed a petition in which we were named as parties.”
Bilawal went on to say that the court holds all of their hopes because political decisions are made in accordance with the Constitution and laws.
“We will pursue our Constitutional and legal struggle through lawyers,” he added.
Fazl terms govt ‘illegitimate’
In his address to the media, Fazl said that it is the first time that he is appearing before the SC.
“This government is illegitimate. Do you want to create sympathy for such an incompetent government,” he said.
