Islamabad (National Times)- The Supreme Court of Pakistan is scheduled to hear the suo motu notice taken by Chief Justice of Pakistan Umar Ata Bandial on the constitutional crisis that erupted with National Assembly deputy speaker deeming the no-confidence resolution against Prime Minister Imran Khan “unconstitutional”.
The five-member larger bench of the apex court will hear the notice alongside the presidential reference seeking interpretation on Article 63A of the Constitution.
“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.
Sunday’s 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 News reported.
During the hearing on Sunday evening, the CJP issued notices to Attorney General of Pakistan Khalid Javed Khan and Ministry of Defence secretary while directing the latter and Interior secretary to submit a report regarding law and order situation. before it 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.
Nobody should take advantage of the situation: CJP Bandial
Commenting on yesterday’s developments, CJP Bandial had said 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.
‘Court cannot interfere much in NA proceedings’
CJP Bandial proposed to make President Alvi a party in this case and said that a hearing will be held tomorrow in this regard after the hearing of the 63A presidential reference.
The top judge 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 added that the court cannot interfere much in the proceeding of the National Assembly; however, he said the court is aware of the situation there.
He also mentioned that “symbolic 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’s 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 NA Asad Qaiser and Deputy Speaker Qasim Suri for violating the Constitution.
SCBA’s petition
Meanwhile, Supreme Court Bar Association (SCBA) has also filed a petition in the Supreme Court on the constitutional crisis.
The constitutional petition filed by SCBA states that a voting of no-confidence motion was a must, and the speaker cannot cancel the voting by a ruling.
It was further noted that the deputy speaker’s ruling contradicts Article 95(2). It further said that according to Article 58(1) the premier cannot even “advise dissolution of the assembly,” once the no-confidence motion is filed against him/her.
Sources privy to the matter said that a special bench of the top court will hear the case.
Punjab Assembly proceedings
During the hearing on Sunday, Advocate Azam Nazeer Tarar stated that the proceedings of the Punjab Provincial Assembly were to be held on Sunday for the election of the new Chief Minister of Punjab but they were adjourned by the Punjab Assembly deputy speaker to another date without citing any reason or cause.
The court directed that notice under Order XXVIIA CPC be issued to Advocate General Punjab to examine the vires of the decision by the deputy speaker of the Punjab Assembly and the situation that has arisen as a consequence thereof.
The court noted in the order that all the political parties involved in the process of election of the new chief minister shall exercise restraint and maintain peace and public order.
