The Supreme Court took action on Sunday following the dismissal of the no-confidence vote in the National Assembly against Prime Minister Imran Khan and the subsequent approval of the president to dissolve the assembly at the advice of the premier.
Chief Justice of Pakistan (CJP) Umar Ata Bandial arrived at the apex court, which was especially opened on a Sunday in light of the day's unusual turn of events.
The leaders of the joint opposition as well as PTI's ministers also arrived at the SC. The opposition has dismissed the ruling party’s actions as unconstitutional.
The petition filed by the opposition maintained that it is “most respectfully prayed that the act of the Deputy Speaker by proroguing the Session of Parliament on the vote of No Confidence Motion may be held to be in violation of fundamental rights of the people of Pakistan and against Article 66, 95, 17(2) and other enabling provisions and this act and all consequences thereafter may be set aside by declaring the same illegal, ultra vires to the Constitution and consequently the Speaker/ Deputy Speaker National Assembly may be directed to conduct the vote count on No Confidence Motion of the members present in the National Assembly on the floor of the house and declared the result of the No Confidence Motion.
“It is further prayed that the respondents may be directed not to interfere with the vote count and smooth voting on the resolution of No Confidence of the Prime Minister as per the Agenda today.
“It is also prayed that the Respondents and other delinquent persons involved in abrogating and subverting the Constitution may also very graciously be tried with and dealt strictly with in accordance with the law.
“Any other direction or relief which this Honorable Court deems fit and proper in the vindication of grievance aforesaid."
SCBA files petition
The Supreme Court Bar Association (SCBA) also filed a constitutional petition with the Supreme Court in light of today's events.
The lawyers' association prayed in its petition that the SC declares the “impugned order of dissolution of the National Assembly issued under Article 58(1) of the Constitution is without lawful authority and of no legal effect.”
It urged the apex court to declare that the speaker could not give a ruling after the resolution for the vote of no-confidence was moved on March 28.
"Declare that all acts of the Respondents dated 03-04-2022 and all acts, directions, instructions, orders etc. taken by the Respondents or any other state functionaries in pursuance of the impugned order of dissolution of the National Assembly are without lawful authority and of no legal effect," the SCBA's petition further maintained.
The resolution of no-confidence was sought to be declared still pending before the National Assembly and voting on it held immediately.
"Restrain all state functionaries from acting in pursuance of the illegal and unlawful orders, actions, instructions of the Respondents dated 03-04-2022, during the pendency of the titled Petition," the SCBA further prayed.
NA proceedings
National Assembly Deputy Speaker Qasim Suri had earlier dismissed the no-confidence motion submitted by the joint opposition, terming it "unconstitutional" under Article 5.
In a talk with the media, PPP Chairperson Bilawal said the deputy speaker committed an 'unconstitutional act' by dismissing the no-trust motion against Imran.
Pakistan Muslim League-Nawaz (PML-N) President and Leader of Opposition in the National Assembly Shehbaz Sharif termed Imran Khan a traitor of the Constitution and democracy.
Shehbaz said that Article 6 is now applicable on “Imran Niazi and his followers for openly violating the Constitution”.
Shehbaz Sharif referred to the premier’s actions as anarchic and urged the chief justice of Pakistan to save the country from crisis.
“It is hoped that the Supreme Court will ensure the supremacy of the Constitution and fulfil its duty to protect the country from this violation of the Constitution,” the leader added.
