The Supreme Court is scheduled to take up on Monday (today) the suo motu notice taken by Chief Justice of Pakistan Umar Ata Bandial on the constitutional crisis that was created when National Assembly deputy speaker disallowed voting on the no-confidence resolution against Prime Minister Imran Khan calling it “unconstitutional.”
A five-judge larger bench comprising Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Muhammad Ali Mazhar, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhail will start proceedings at 1 pm.
“Any orders and actions that Prime Minister Imran Khan and President Arif Alvi regarding the dissolution of the National Assembly shall be subject to the order of this court,” CJP Bandial had said taking the notice.
Later, the SC restrained state institutions from taking any “extra-constitutional steps” and directed them to act strictly in accordance with the Constitution, besides asking all political forces of the country to remain peaceful.
On Sunday, the CJP arrived at the apex court, which was especially opened in light of the day’s unusual turn of events. The hearing was attended by the Attorney General for Pakistan Khalid Javed Khan, the President of the Supreme Court Bar Association Ahsan Bhoon and other counsels representing different parties.
The CJP issued notices to Attorney General and Ministry of Defence secretary while directing the latter and interior secretary to submit a report regarding law and order situation before it on Monday (today). The apex court also directed all the political parties involved in the process of the no-confidence motion in the National Assembly and other political forces to become respondents in the case, while directing them to observe the law and maintain peace and public order.
The notice issued to the AGP stated about the constitutionality of the decision of the deputy speaker to dismiss the motion of no confidence on the basis of Article 5 of the Constitution.
Similarly, the court also issued notice to Supreme Court Bar Association and the Pakistan Bar Council to assist the Court in these suo moto proceedings and the Constitution Petitions filed under Article 184(3).
The court said that Attorney General for Pakistan be also issued notice under Order XXVIIA CPC in these matters.
CJP Bandial had observed that the law and order situation should be maintained.
“This is an important matter and a hearing will be held tomorrow,” he had said Sunday, barring all political parties and government departments to take advantage of the ongoing situation.
Regarding the opposition’s petition, he said that the hearing should be fixed for PPP’s petition.
CJP Bandial proposed to make President Alvi a party in this case and said that a hearing will be held on Monday in this regard after the hearing of the presidential reference.
The CJP further directed all state agencies and provincial law enforcement agencies to maintain the law and order situation in the country.
Justice Muhammad Ali Mazhar said that Punjab Assembly’s session was adjourned because of the poor law and order situation in the country.
Meanwhile, Justice Bandial said that the court cannot interfere much in the proceeding of the National Assembly; however, the court is aware of the situation there.
He also mentioned that “mock voting” was conducted by the opposition leaders, highlighting that Ayaz Sadiq conducted the voting on the no-confidence motion against Prime Minister and over 200 members of the assembly voted in favour of the motion.
OPPOSITION PETITION: The joint Opposition has also prepared a petition to cancel the ruling of the deputy speakers under which the National Assembly session was adjourned for an indefinite period as Suri cancelled the voting on the no-confidence motion, terming it “unconstitutional”.
According to the petition prepared by the joint opposition, the speaker should be directed to convene the session today as “the deputy speaker cannot adjourn the session as it is unconstitutional.”
Furthermore, the Opposition has filed a petition against President Arif Alvi, PM Imran Khan, Speaker Asad Qaiser and Deputy Speaker Qasim Suri for violating the Constitution.
