Pakistan chief justice Bandial notes NA deputy speaker's ruling prima facie violates Article 95
Apr 07, 2022
Islamabad [Pakistan], April 7 : Noting the "unconstitutional" move of National Assembly (NA) Deputy Speaker Qasim Suri to dismiss the no-confidence motion filed against Prime Minister Imran Khan, Chief Justice of Pakistan Umar Ata Bandial on Thursday noted that National Assembly (NA) Deputy Speaker Qasim Suri's ruling is, prima facie, a violation of Article 95.
The remark came during the hearing of the National Assembly proceedings case, as the apex court resumed deliberation over the case for the fifth consecutive day tod, reported Geo News.
The apex court's five-member larger bench -- headed by Justice Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel -- is hearing the case.
At the outset of the hearing, Barrister Ali Zafar, representing President Arif Alvi, came to the rostrum and assured the court of completing his arguments within 10 minutes, reported Geo News.
The CJP had taken suo motu notice of the constitutional crisis that was triggered after Suri disallowed voting on the motion on April 3, deeming it "unconstitutional" -- a move that the Opposition said was a blatant violation of the Constitution.
The judge maintained in a written judgment issued during Sunday's hearing that his fellow judges had approached him and had expressed concern over the situation, reported Geo News.
"Any orders and actions that Prime Minister Imran Khan and President Arif Alvi regarding the dissolution of the National Assembly shall be subject to the order of this court," CJP Bandial had said taking the notice on Sunday.
Earlier, the SC restrained state institutions from taking any extra-constitutional steps and directed them to act strictly in accordance with the Constitution, besides asking all political forces of the country to remain peaceful.
The joint Opposition has also prepared a petition to cancel the ruling of the deputy speakers under which the National Assembly session was adjourned for an indefinite period as Suri cancelled the voting on the no-confidence motion, terming it "unconstitutional", reported Geo News.
According to the petition prepared by the joint Opposition, the speaker should be directed to convene the session today as "the deputy speaker cannot adjourn the session as it is unconstitutional."
Furthermore, the Opposition has filed a petition against President Arif Alvi, PM Imran Khan, Speaker NA Asad Qaiser and Deputy Speaker Qasim Suri for violating the Constitution.
Meanwhile, Supreme Court Bar Association (SCBA) has also filed a petition in the Supreme Court on the constitutional crisis, reported Geo News.
The constitutional petition filed by SCBA states that voting of no-confidence motion was a must, and the speaker cannot cancel the voting by a ruling.