| Five-judge bench unanimously rules NA deputy speaker’s ruling to block vote on no-trust
motion against PM Imran is unconstitutional | Orders to reconvene NA session tomorrow to proceed with vote of no-confidence and elect new PM | All MNAs shall be allowed to cast vote

ISLAMABAD   -   The Supreme Court of Pakistan Thursday evening unanimously ruled that the ruling of the National Assembly’s Deputy Speaker to block no-confidence motion against Prime Minister Imran Khan was “contrary to the constitution and the law and had no legal effect”.

The top court restored the Parliament by declaring Imran Khan’s decisions to dissolve the National Assembly (NA) as invalid. Also the Supreme Court ordered to reconvene the NA session on Saturday at 10:30 in the morning to proceed with the vote of no-confidence, paving the way for Imran Khan’s possible removal.

A five-member bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan, Justice Mohammad Ali Mazhar, Justice Munib Akhtar and Justice Jamal Khan Mandokhail, conducted hearing of the suo-motu notice taken by the CJP on the Deputy Speaker’s ruling on no-confidence motion against the PM. Besides setting aside the ruling of the National Assembly Deputy Speaker Qasim Suri, the apex court also restored the National Assembly to it position of 3rd April and held that Prime Minister’s advice to the President to dissolve the Assembly was unconstitutional and of no legal effect.

The top court of the country also asked the Speaker NA to summon and hold a sitting of the Assembly in the present Session, and shall do so immediately and in any case not later than 10:30 a.m. on Saturday 09.04.2022, to conduct the business of the House as per the Orders of the Day that had been issued for 03.04.2022. It added, “The Speaker shall not, in exercise of his powers under clause (3) Article 54 of the Constitution, prorogue the Assembly and bring the Session to an end.”

A five-member larger bench of SC headed by Chief Justice of Pakistan Justice Umar Ata Bandial after hearing the Attorney General for Pakistan Khalid Jawed Khan, Prime Minister’s counsel Imtiaz Siddiqui, President’s counsel Ali Zafar & Speaker and Deputy Speaker lawyer Naeem Bokhari on suo-motu for six hours reserved the judgment, which was later announced at 08:00 p.m.

Before the announcement of the verdict the chief justice inquired from the Chief Election Commissioner Sikandar Sultan Raja to apprise about the arrangement for the National Assembly elections. He informed that 6 to 7 months are required for holding the elections. He told that four months are needed for delimitation and 90 days for holding the election.

The leaders of Pakistan Muslim League-Nawaz, Pakistan Peoples Party, Pakistan Tehreek-e-Insaf and other political parties were present in the Courtroom No.1. President PML-N Shehbaz Sharif and PPP Chairman Bilawal Bhutto made statements at the conclusion of the proceeding.

Speaker NA Asad Qaiser on 28-03-22 had granted leave to move the Resolution on and the voting on it was to be held on 03-04-22, but the Deputy Speaker rejected the resolution on no confidence vote against the PM Imran Khan.

The Court in consequence of holding Deputy Speaker’s ruling unconstitutional declared that the Resolution was pending and subsisting at all times and continues to so remain pending and subsisting.

The apex court in its written order said, “In consequence of the foregoing, it is declared that at all material times the Prime Minister was under the bar imposed by the Explanation to clause (1) of Article 58 of the Constitution and continues to remain so restricted. He could not therefore have at any time advised the President to dissolve the Assembly as contemplated by clause (1) of Article 58.”

It added, “In consequence of the foregoing, it is declared that the advice tendered by the Prime Minister on or about 03.04.2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect.”

The SC bench further said, “In consequence of the foregoing, it is declared that the Order of the President issued on or about 03.04.2022 dissolving the Assembly was contrary to the Constitution and of no legal effect, and it is hereby set aside. It is further declared that the Assembly was in existence at all times, and continues to remain and be so.”

“In consequence of the foregoing, it is declared that all actions, acts or proceedings initiated, done or taken by reason of, or to give effect to, the aforementioned Order of the President and/or for purposes of holding a General Election to elect a new Assembly, including but not limited to the appointment of a care-taker Prime Minister and Cabinet are of no legal effect and are hereby quashed,” maintained the SC.

It continued that in consequence of the foregoing, it is declared that the Prime Minister and Federal Ministers, Ministers of State, Advisers, etc stand restored to their respective offices as on 03.04.2022.

The court declared that the Assembly was at all times, and continues to remain, in session as summoned by the Speaker on 20.03.2022 for 25.03.2022 (“Session”), on the requisition moved by the requisite number of members of the Assembly on 08.03.2022 in terms of clause (3) of Article 54 of the Constitution. Any prorogation of the Assembly by the Speaker prior to its dissolution in terms as stated above is declared to be of no legal effect and is set aside.

The court said that the Speaker shall not, in exercise of his powers under clause (3) Article 54 of the Constitution, prorogue the Assembly and bring the Session to an end”, except as follows: If the Resolution is not passed by the requisite majority (i.e., the no-confidence resolution is defeated), then at any time thereafter; If the Resolution is passed by the requisite majority (i.e., the no-confidence resolution is successful), then at any time once a Prime Minister is elected in terms of Article 91 of the Constitution read with Rule 32 of the Rules and enters upon his office.

It also said that if the Resolution is passed by the requisite majority (i.e., the no-confidence resolution is successful) then the Assembly shall forthwith, and in its present Session, proceed to elect a Prime Minister in terms of Article 91 of the Constitution read with Rule 32 of the Rules and all other enabling provisions and powers in this behalf and the Speaker and all other persons, including the Federal Government, are under a duty to ensure that the orders and directions hereby given are speedily complied with and given effect to.

The court verdict stated that the assurance given by the learned Attorney General on behalf of the Federal Government in C.P. 2/2022 on 21.03.2022 and incorporated in the order made in that matter on the said date shall apply as the order of the Court: the Federal Government shall not in any manner hinder or obstruct, or interfere with, any members of the National Assembly who wish to attend the session summoned as above, and to participate in, and cast their votes, on the no confidence resolution. It is further directed that this order of the Court shall apply both in relation to the voting on the Resolution and (if such be the case) in relation to the election of a Prime Minister thereafter. It is however clarified that nothing in this Short Order shall affect the operation of Article 63A of the Constitution and consequences thereof in relation to any member of the Assembly if he votes on the Resolution or (if such be the case) the election of a Prime Minister thereafter in such manner as is tantamount to his defection from the political party to which he belongs within the meaning of the said Article.

The apex court said that the order of the Court made in SMC 1/2022 on 03.04.2022 to the following effect, i.e., “Any order by the Prime Minister and the President shall be subject to the order of this Court” shall continue to be operative and remain in the field, subject to this amplification that it shall apply also to the Speaker till the aforesaid actions are completed.

Earlier, Shehbaz Sharif said before the bench that if this is the Court wisdom that Speaker Ruling is unconstitutional then the action taken by the Prime Minister is automatically null and void. He said that the motion on no-confidence vote is in the field and the parliament is not dissolved.

He further said that there are episodes in our history when the constitution was abrogated, suspended or held in abeyance. The blunder is committed let us go head. Applying premium to blunder has led to sordid affairs. My humble opinion would be that the Speaker Ruling is illegal.

Shehbaz also said that let the Parliament is sovereign and the members of the Parliament take decision. The PTI has formed government with the allies. Our opposition also composed of allies parties whose representatives have come all over the country i.e. Balochistan, KP and the Punjab. If this set up has operated in the last three years then the opposition is also ready to serve if the law of the land allows.

He said that US dollar is now at Rs190 but in our government in 2018 it was Rs125. He proposed that charter of economy is the need of hour to end the miseries of people. The country requires healing hand.

He said that the PTI government functions with 168 members, while they have 177 along with all the allies. He maintained that they have to burnt midnight oil for the development of Pakistan.

Justice Umar Ata Bandial inquired from the opposition leader that how many seats his party (PML-N) had in 2013. Shahbaz Sharif replied that they had 150 members in the National Assembly and they were single largest party in the House.

Justice Bandial said that the largest party should have the advantage to run the country. He added that they would look at the law and the facts. We are hearing suo-motu under Article 184(3) of the Constitution, in this jurisdiction we exercise our power in the interest of the public. Political stability is important, which is connected with the constitution. The Speaker Ruling is unconstitutional. We have to see how to go forward. He said to Shahbaz Sharif that the PTI has 155 seats, which are more than you seats in 2013.

Justice Jamal Khan Mandokhail said to Shahbaz Sharif that it has been the consistent demand of the opposition to hold fresh election in the country. The opposition leader said that their election was stolen in 2018. Upon that Justice Mandokhail said that you may recover. Shahbaz said that the constitution has been damaged. Then Justice Mandokhail said, “We will repair.”

Shahbaz said that the Assemblies in Khyber Pakhtunkhwa and Balochistan, Punjab and Sindh are still functioning, and this is the first time happened in the history that National Assembly is dissolved, while the provincial Assemblies are functioning. He said that they (opposition) respect the verdict.

Justice Ijaz ul Ahsan said that they are not only considering the no-confidence motion, but also what would be the balance tenure which the constitution requires to go back to the people. Shahbaz said that still one-and-half-year remains. If we succeed in the constitutional battle, then they would work hand in glove with the opposition (PTI). Cut our coast to provide space to ordinary man in extreme poverty.

The Attorney General said that there are also fundamental rights of three assemblies. He further said that what the guarantee is that those who have supported the PTI in the last three-and-half-years will spare you.

Makhdoom Ali Khan said that the attorney general’s remarks are intimidating and threatening. He said that who has given surprise or spare to whom? He said that since 2002 till today there have been coalition governments. There was not a single party which got the majority in the House. He questioned whether the court likes to prefer one coalition to another?

Justice Bandial said that throughout the opposition has been demanding for fresh elections but why they have taken summersault. Makhdoom said that opposition takes different position in different times. He said that the PM said that they would give surprise, was this surprise to take unconstitutional action. He said that the majority party in the National Assembly had 155 members and it formed the government with the help of allies parties. It was shortage of 18 votes, adding while the combined opposition has 177 members including PML-N84, PPP-56, and MMA-16, which makes 156 members. He said that other parties which have joint the opposition are MQM 7, BNP 4, BAP 4, ANP 1, JWP 1 and independent 4 and thus total number is 21. Thus the opposition has total 177 members right now.

Makhdoom said that the court is also talked about the economic crisis. He said that the unconstitutional action has been taken, but the court considering what should be remedy. He said that in Haji Saifullah case the court did not restore Muhammad Khan Junejo’s government on three grounds that; first it was party-less election, while the parliamentary form of government it should be political parties; Second no one has come forward to challenge the dissolution; while the third was that the election is now scheduled on party basis.

Justice Bandial asked that how did he know that this situation would emerge before the court. Makhdoom replied that he had some idea which the direction the court would move. This is trickery stage. He said that the combined opposition has been operating well for the last one-and-half-year. He said that in this case the facts are not applicable but it is constitutional matter. He said that in past, the government were sent back home after two years by using Article 58(2)(b) of Constitution.

Makhdoom said in Kh Tariq Rahim case that the elections already have taken place and the sovereign power (people) has spoken and the MNAs were not before us. He said that in Nawaz Sharif 1993 case his Assembly was restored. He said that the Court should not shirk from its duty.

He said that many governments in the past were removed by the President by resurrecting the Article 58(2)(b) of the Constitution. He said that the present act of the Deputy Speaker is the blatant violation of the con