SC resumes hearing of suo moto notice on NA proceedings

SC resumes hearing of suo moto notice on NA proceedings

Islamabad (Web Desk): The Supreme Court (SC) on Tuesday resumed hearing on the suo motu notice taken by Chief Justice of Pakistan (CJP) Umar Ata Bandial on the legality of the current situation in the country following the dismissal of a no-confidence motion against Prime

Minister Imran Khan by National Assembly (NA) Deputy Speaker Qasim Suri and the subsequent dissolution of the NA by President Arif Alvi on the prime minister's advice.

A five-member bench headed by Chief Justice of Pakistan Umar Ata Bandial, and including Justice Ijazul Ahsan, Justice Mohammad Ali Mazhar, Justice Munib Akhtar and Justice Jamal Khan Mandokhail is hearing the case.

On Sunday, the SC had taken suo motu notice regarding current political situation which emerged after President Dr Arif Alvi’s decision to dissolve National Assembly.

As today's hearing began Pakistan Peoples Party's (PPP) counsel Raza Rabbani started his arguments.

On Monday, On Monday, the apex court heard the arguments by PPP's counsel Farooq H Naek who contended that Suri's ruling in Sunday's session was meant to deliberately avoid the voting process in the Assembly.

During the hearing, CJP Bandial directed Naek to argue how the deputy speaker's ruling is illegitimate.

The CJP asked how the speaker could give a ruling on whether the motion was legal or illegal.

"Does the speaker have no authority to reject the no-confidence motion?" he asked.

"Even if the speaker cites Article 5 of the Constitution, the no-confidence motion cannot be rejected," the CJP said.

The CJP then asked to what extent does the speaker have constitutional protection under Article 69? "We want to make a decision sooner than you," he said.

Naek requested the court to wrap up the case and reserve the verdict.

However, the CJP remarked that the court has to hear other respondents as well. After this, the court adjourned the hearing till Tuesday (today).

On April 3, the NA deputy speaker dismissed the no-trust move against Prime Minister Imran Khan, terming it a contradiction of Article 5 of the Constitution.

Later, on the advise of Prime Minister Imran Khan, President Alvi dissolve assemblies.

In an address to the nation, soon after NA Deputy Speaker Qasim Khan Suri dismissed no-trust move against the premier, PM Imran said that he had advised President Alvi to dissolve assemblies.

A joint petition, filed by the PPP, PML-N and JUI-F through Farooq H. Naek, Azam Nazir Tarar and Kamran Murtaza, has also requested the apex court to declare the ruling of the deputy speaker, as well as the advice of the prime minister to the president to dissolve the National Assembly and the subsequent dissolution of the assembly as illegal and unconstitutional.

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.