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Deputy speaker's decision violates constitution, observes Pak chief justice

By Sajjad Hussain
April 07, 2022 14:56 IST
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Pakistan's Chief Justice Umar Ata Bandial on Thursday noted that National Assembly deputy speaker Qasim Suri's move to dismiss a no-confidence motion against embattled Prime Minister Imran Khan through a controversial ruling is, prima facie, a violation of article 95 of the constitution as the apex court heard the high-profile case for the fourth day.

IMAGE: Pakistan National Assembly Deputy Speaker Qasim Khan Suri rejects the no-confidence motion against Prime Minister Imran Khan, declaring it unconstitutional, in Islamabad, April 3, 2022. Photograph: ANI Photo/PTV Parliament

Chief Justice Bandial, who is heading a five-member bench comprising Justices Ijazul Ahsan, Mohammad Ali Mazhar Miankhel, Munib Akhtar and Jamal Khan Mandokhail, made the observation during the hearing on Thursday.

 

Pressure is mounting on the court to conclude the hearing at the earliest.

During the hearing on the fourth day, Chief Justice Bandial noted that deputy speaker's ruling is, prima facie, a violation of Article 95.

Earlier, Barrister Ali Zafar, representing President Arif Alvi, presented his arguments.

Bandial questioned Zafar where the constitutional crisis in the country was, if everything was happening as per the constitution, the report said.

The top judge also asked the counsel why he was not explaining whether or not there was a constitutional crisis in the country.

"If everything is happening according to the constitution, where is the crisis?" the chief justice asked.

During the hearing, Zafar was asked by Justice Miankhel if the prime minister was the people's representative. The lawyer replied in the affirmative.

Miankhel then inquired if the premier would be protected if the constitution was violated in parliament.

At this, Zafar replied that the constitution must be protected in accordance with the rules it underlines. He said that in order to protect the constitution, each and every article had to be kept in mind.

Justice Bandial then asked what would happen when an injustice was carried out against the entire assembly, not just one member.

Justice Mandokhel pointed out that even though the deputy speaker Suri announced the April 3 ruling which dismissed the no-confidence motion against Prime Minister Khan, it was signed by Speaker Asad Qaiser.

He made the observation as Suri and Qaiser's lawyer, Naeem Bukhari, presented his arguments in the case concerning the legality of the deputy speaker's ruling, the Dawn newspaper reported.

National Assembly Deputy Speaker Suri on Sunday ruled that the no-confidence motion was linked with the "foreign conspiracy" to topple the government and hence was not maintainable. Minutes later, President Alvi dissolved the National Assembly on the advice of Prime Minister Khan.

During the hearing on Wednesday, the chief justice repeatedly reminded the lawyers to conclude their arguments at the earliest to let the bench issue an order.

The outcome will not only decide the fate of no-confidence but also the dissolution of the National Assembly and the upcoming elections.

If Khan gets a favourable ruling, elections will take place within 90 days. If the court rules against the deputy speaker, parliament will reconvene and hold the no-confidence vote against Khan, experts said. 

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Sajjad Hussain in Islamabad
Source: PTI© Copyright 2022 PTI. All rights reserved. Republication or redistribution of PTI content, including by framing or similar means, is expressly prohibited without the prior written consent.
 
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