ISLAMABAD: Chief Justice of Pakistan Justice Umar Ata Bandial observed that Article 95 has been violated in ruling of Deputy Speaker of the National Assembly which dismissed the no-trust move against Prime Minister Imran Khan, followed by dissolution of Parliament.
The CJP observed this in today’s hearing of the case. The Supreme Court of Pakistan has resumed the hearing on suo motu notice over political situation of the country arising after Deputy Speaker of National Assembly rejected no-confidence motion against Prime Minister Imran Khan.
A five-member larger bench of the apex court headed by Chief Justice Umer Atta Bandial is conducting hearing of the case in federal capital.
Ali Zafar, in his arguments, said that the Constitution must be protected in accordance with the rules it underlines. He said that in order to protect the Constitution, each and every article had to be kept in mind.
Justice Bandial then asked what would happen when an injustice was carried out against the entire assembly, not just one member.
“Can Parliament interfere if there is a conflict between judges,” Zafar offered as a counter argument. “The answer is no. The judiciary has to settle the matter. It can’t interfere just like Parliament can’t [interfere in judges matters].”
The CJP also asked whether the formation of the federal government was an “internal matter” of Parliament.
Ali Zafar said that the no-confidence motion and the prime minister’s election fell within the ambit of Parliament. He said that the National Assembly is formed for the purpose of appointing a speaker and a prime minister.
Justice Miankhel said that the matter at present concerned the no-confidence motion. “A ruling came after the motion. Address this issue,” he told Zafar.
At one point, the CJP asked Zafar why he wasn’t explaining whether or not there was a constitutional crisis in the country. “If everything is happening according to the Constitution, where is the crisis?” he asked.
The apex court also sought minutes of the meeting of the NSC over threat letter and noted that it was not mentioned in the minutes that who gave briefings, many were missing from this crucial meeting, including foreign minister and there were no signatures of the participants of the meeting.
