The Supreme Court ruled on Thursday in a landmark decision that the National Assembly deputy speaker’s decision to dismiss the no-confidence motion and the subsequent dissolution of the lower house by the president on the advice of the Prime Minister were contrary to the law and the Constitution.
The court has also ordered the National Assembly to be reinstated and convene at 10.30 a.m. on Saturday (April 9) to vote on a no-trust motion against Prime Minister Imran Khan.
The verdict was announced by a five-member bench led by Chief Justice Umar Ata Bandial and including Justice Munib Akhtar, Justice Jamal Khan Mandokhel, Justice Ijazul Ahsan, and Justice Mazhar Alam Khan.
The Supreme Court ruled that President Arif Avli’s order to dissolve the Assembly was unconstitutional and had no legal effect, and it was thus overturned. The Supreme Court declared that all actions, acts, or proceedings initiated, done, or taken as a result of, or to carry out, the president’s order have no legal effect and are hereby quashed.
The court ruled that the prime minister and federal ministers, as well as ministers of state, advisers, and others, were reinstated in their respective positions as of April 3, 2022.
The assembly was and continues to be in session as summoned by the Speaker on March 20, 2022, and any prorogation of the assembly by the Speaker prior to its dissolution is of no effect.
Charter of Economy
The top court also summoned PML-N President and Opposition Leader Shehbaz Sharif to the rostrum. Shehbaz stated that the Constitution has been trampled on numerous occasions throughout Pakistan’s history, and the lack of penalization has emboldened others, leading to the current situation.
He urged the Supreme Court to restore parliament and allow the vote of no-confidence to take place. He also urged political parties to join forces and sign an economic charter.
According to Justice Mandokhel, the opposition has demanded new elections from the start. “It’s not about elections, but about the Constitution being violated,” Shehbaz responded. “We will consult with the opposition on electoral reforms for transparent elections,” the PML-N chief said, adding that steps would be taken to provide relief to the masses.
‘Speaker can circumvent the law to save Pakistan’
At the start of the hearing, PM Imran’s counsel, Imtiaz Siddiqui, argued that scrutinizing parliamentary proceedings was beyond the judiciary’s purview. “The court should request that parliament clean up its messes,” he added.
CJ Bandial stated that the premier left the country in a bind by announcing snap elections in 90 days and that the speaker could not have ruled before March 28 before leave was granted for the no-trust motion to be moved.
The opposition, according to the PM’s counsel, did not object to the deputy speaker presiding over the session. “The deputy speaker used his mind to make a decision he thought was better,” the lawyer explained, adding that the speaker was not answerable in court.