Deputy speaker’s ruling erroneous: Pakistan chief justice

Chief Justice of Pakistan (CJP) Umar Ata Bandial today said it was clear that the ruling of National Assembly Deputy Speaker Qasim Khan Suri dismissing the no-trust motion against Prime Minister Imran Khan was erroneous.

"The ruling is apparently contradictory to Article 95 of the Constitution too," CJP Bandial made the remark on Thursday as the SC continued hearing for a fifth consecutive day today on the "unconstitutional" act by the NA deputy speaker to block the vote of no-confidence against Prime Minister Imran Khan. 

The five-member bench - headed by the CJP and comprising Justice Ijazul Ahsan, Justice Mohammad Ali Mazhar, Justice Munib Akhtar and Justice Jamal Khan Mandokhel - may issue its ruling on the case today.

On 3 April, Chief Justice of Pakistan Umar Ata Bandial had taken a suo motu notice of the constitutional crisis that erupted after Qasim Suri disallowed voting on the motion, deeming it "unconstitutional and foreign-funded" — a move that the Opposition said was a blatant violation of the Constitution.  

At the outset of today's hearing, CJP Bandial asked Barrister Ali Zafar - representing President Dr Arif Alvi - to share what the constitutional crisis is.

"Where is the constitutional crisis if everything is happening as per the Constitution? There is no constitutional crisis in Pakistan," the top judge remarked.

He noted that the speaker's ruling is apparently a violation of Article 95.

"Can anyone call a new election by giving a ruling if they are failing? Billions of rupees are spent on elections," CJP Bandial remarked.

He then asked if the NA proceedings did not have an effect on the situation outside of Parliament in this case.

"The court can intervene if any action has an effect outside the parliament," the CJP remarked.

Meanwhile, Justice Alam inquired if any unconstitutional act in Parliament has constitutional immunity.

Whereas, Justice Mandokhel asked if there isn't any solution if an unconstitutional act takes place in Parliament.

At this, Barrister Zafar replied that Parliament has to solve the issue and the solution is to go to the people [election].

Referring to a past judgement, Zafar said that a member in the House of Commons wasn't allowed to take oath as the court declared that it cannot interfere.

At this, CJP Bandial asked what should be done if there is injustice in Parliament.

"Is the formation of federal government an internal affair of Parliament?" he asked.

In his response, Barrister Zafar said that the election of a prime minister or a no-confidence motion "is an internal affair of Parliament."

"The NA is constituted to elect its speaker and prime minister. However, the court can review the formation of federal government and dissolution of assembly" he added.

At this CJP Bandial said that it would have been determined who will be the premier had the vote of no confidence against PM Imran Khan held.

Meanwhile, Justice Mandokhel noted that Parliament is responsible for legislation.

"What would happen if Parliament doesn't legislate?" he asked.
To this, Barrister Zafar said that the old laws would stay in place if legislation is not done.

Democracy and election cannot be put asunder, Barrister Zafar said, adding that voters are the most empowered.

"The court declared that the people will decide as the matter is going towards election," Zafar said, requesting the apex court to rule that the decision be left to the people of Pakistani even if an illegal act has been done.

Justice Alam noted that the court has the case of no-confidence in front of it, directing Zafar to address the speaker's ruling that came after the resolution of no-confidence was tabled.

At this, Zafar said that dissolution of the Assembly was announced in the current case as well.

Meanwhile, the Opposition has been demanding an early conclusion of the matter as the country is "without a functioning government" since Sunday when President Arif Alvi dissolved the National Assembly on the advice of Prime Minister Imran Khan.

Taking to Twitter, PPP Chairman Bilawal Bhutto Zardari on Wednesday said that if it takes 30 seconds to pull off a coup, it should take 30 seconds to undo a coup, adding, justice delayed is justice denied.

"None of Imran Khan's desperate measures can save him now. His government is gone and selected raj is over. The people are watching, history will record how he was brought in undemocratically and on his way out, he set the constitution on fire," he tweeted.