ISLAMABAD - A petition has been moved in the Islamabad High Court (IHC) seeking court’s directions to declare the ruling of the National Assembly Speaker binding on all executive authorities.
The employees of Pakistan Agricultural Research Council (PARC) including Dr. Qurat-al-Ain and others filed the petition through Sardar Timoor Aslam Advocate and cited parliamentary affairs and food security secretaries and PARC chairman as respondents. The petitioner’s counsel stated in the petition that parliament is the supreme organ of the state and the strengthening of which was obligatory.
In this matter, Pakistan Muslim League – Nawaz (PML-N) leader Khawaja Asif had raised the issue of dismissal of PARC employees in the Parliament and the matter is pending before the sub-committee of Public Accounts Committee (PAC). The department has yet to submit a reply to the committee while Deputy Speaker made observation that “neither advertisement for appointments be issued nor employees be terminated until submission of report to the Committee.” Then, the Ministry of NFSR also conveyed the Ruling of the Chair to the Chairman PARC, for necessary compliance and obedience. The petition said that as long as the matter was before the committee, PARC should be stopped from interfering in the matter and ruling of NA speaker should be made compulsory for all executive authorities.
The lawyer argued that in pursuance of clause (2) of Article 67 of the Constitution, the Esteemed President made the Rules of Procedure and Conduct of Business in the National Assembly, 1973 on 31st August, 1973 which remained in force for about two decades.
He added that on 5th August 1992, the National Assembly of Pakistan unanimously adopted its own Rules fulfilling the requirement of clause (1) of Article 67 of the Constitution. Since then, various amendments were made in the Constitution and experience gained over the time necessitated an in depth revision of the Rules, therefore, the National Assembly passed the Rules of Procedure and Conduct of Business in the National Assembly, 2007 on 23rd February, 2007.
Advocate Taimoor also said that on the recommendations of the Parliamentary Committee on constitutional Reforms, the Parliament made historic amendments in the Constitution by passing the Constitution (Eighteenth Amendment) Act, 2010. After the passage of these amendments in the Constitution, it was necessary to amend the Rules of Procedure and Conduct of Business in the National Assembly, 2007 to bring them in conformity with the amended Constitution.
He continued that in view of the averments made above, it is most respectfully prayed that this court may graciously be pleased to allow the instant petition by declaring that the Rulings of the Speaker i.e. Chair of National Assembly of Majlis-e-Shoora (Parliament) are binding on all executive authorities for all intents and purposes, unless, rescinded through a motion, in the interests of justice.
He also requested the Court to restrain the Respondent PARC from interfering into the matter in any manner, whatsoever, till such time that the Public Accounts Committee and the Parliament through the Speaker have assumed cognizance of the same.