The Supreme Court of Pakistan is scheduled to hold a hearing on Chief Justice Umar Ata Bandial’s suo motu notice regarding the constitutional crisis that erupted following the deputy speaker of the National Assembly declaring the no-confidence resolution against Prime Minister Imran Khan “unconstitutional.”
“Any orders and actions taken by Prime Minister Imran Khan and President Arif Alvi in connection with the dissolution of the National Assembly shall be subject to this court’s approval,” CJP Bandial stated in accepting the notice.
Later, the SC restrained state institutions from taking extra-constitutional actions and directed them to act strictly within the bounds of the Constitution, in addition to urging all political forces in the country to maintain peace.
The Attorney General of Pakistan Khalid Javed Khan, the President of the Supreme Court Bar Association Ahsan Bhoon, and other counsels representing various parties attended Sunday’s hearing, according to The News.
During Sunday evening’s hearing, the CJP issued notices to Pakistan’s Attorney General Khalid Javed Khan and the Ministry of Defence Secretary, directing the latter and the Interior secretary to submit a report on the country’s law and order situation to the court today. Additionally, the apex court directed that all political parties involved in the no-confidence motion process in the National Assembly and other political forces join the case as respondents while directing them to adhere to the law and maintain public order.
The notice sent to the AGP stated that the deputy speaker’s decision to dismiss the motion of no confidence was constitutional under Article 5 of the Constitution.
Similarly, the court served notice on the Supreme Court Bar Association and the Pakistan Bar Council, requesting their assistance in these suo moto proceedings and the Article 184 Constitution Petitions (3).
Nobody should profit from the current situation: CJP Bandial
CJP Bandial had stated yesterday, in response to yesterday’s developments, that the law and order situation should be maintained.
“This is a serious matter, and a hearing will be held tomorrow,” he had stated Sunday, prohibiting all political parties and government agencies from exploiting the current situation.
In response to the Opposition’s petition, he stated that the PPP’s petition should be scheduled for a hearing.
‘The court has limited authority to intervene in NA proceedings.’
CJP Bandial proposed that President Alvi be added as a party to this case and stated that a hearing on this matter will take place tomorrow following the hearing on the 63A presidential reference.
Additionally, the chief judge directed all state and provincial law enforcement agencies to maintain the country’s law and order situation.
Justice Muhammad Ali Mazhar stated that the Punjab Assembly’s session was adjourned due to the country’s deteriorating law and order situation.
Meanwhile, Justice Bandial stated that the court is unable to intervene significantly in the National Assembly’s proceedings; however, he stated that the court is aware of the situation there.
He also mentioned that the Opposition leaders conducted “symbolic voting,” noting that Ayaz Sadiq presided over the vote on the no-confidence motion against the Prime Minister, with over 200 members of the assembly voting in favour of the motion.
Petition of the opposition
The joint Opposition has also filed a petition to vacate the deputy speakers’ ruling that adjourned the National Assembly session indefinitely after Suri cancelled voting on the no-confidence motion, calling it “unconstitutional.”
According to the Joint Opposition’s petition, the speaker should be directed to convene the session today because “the deputy speaker cannot adjourn the session for constitutional reasons.”
Additionally, the Opposition has filed a petition alleging constitutional violations against President Arif Alvi, Prime Minister Imran Khan, Speaker NA Asad Qaiser, and Deputy Speaker Qasim Suri.
The petition of the SCBA
Meanwhile, the Supreme Court Bar Association (SCBA) has petitioned the Supreme Court regarding the constitutional crisis.
SCBA’s constitutional petition states that a vote on a no-confidence motion was required and that the speaker cannot cancel the vote through a ruling.
Additionally, it stated that pursuant to Article 58(1), the premier cannot even “advise dissolution of the assembly” following the filing of a no-confidence motion against him/her.
According to sources familiar with the matter, the case will be heard by a special bench of the Supreme Court.
Proceedings of the Punjab Assembly
During Sunday’s hearing, Advocate Azam Nazeer Tarar stated that the Punjab Provincial Assembly’s proceedings were scheduled to begin on Sunday for the election of the province’s new Chief Minister, but were postponed without explanation or justification by the Punjab Assembly’s deputy speaker.
The court directed that notice be issued to Advocate General Punjab under Order XXVIIA CPC to examine the legality of the deputy speaker of the Punjab Assembly’s decision and the situation that has arisen as a result of it.
The court stated in its order that all political parties involved in the process of electing a new chief minister must exercise restraint and preserve public order.
