ISLAMBAD: The Supreme Court of Pakistan has declared that the dissolution of the assembly by the president after a no-confidence motion against the chief executive is “unconstitutional” and falls under the category of treason.
This observation was made during the hearing of several pleas requesting timely elections within 90 days of the assembly’s dissolution. The three-member bench, headed by Chief Justice of Pakistan Justice Qazi Faez Isa, included Justice Athar Minallah and Justice Amin-Ud-Din Khan.
Last year, in April, President Dr. Arif Alvi dissolved the National Assembly on the advice of then-Prime Minister Imran Khan, citing Article 58 of the Constitution. The Deputy Speaker of the National Assembly, Qasim Suri, who was chairing the session, rejected the no-confidence motion against Khan, referring to it as a foreign conspiracy and a contradiction of Article 5 of the Constitution.
After hearing arguments from all sides, Chief Justice Isa issued an order stating that every constitutional violation has serious and far-reaching consequences. The court emphasized the importance of the Constitution and highlighted that a prime minister can be removed through a no-confidence motion as specified by the Constitution.
The court found the president’s dissolution of the National Assembly following the no-confidence motion to be unconstitutional, and it was emphasized that the president cannot do so on the instructions of the prime minister. The court stated that dissolving the assembly unconstitutionally can be considered an act of treason, and constitutional institutions should make important decisions in the interest of the people.
The court expressed hope that all constitutional institutions would act prudently in the future. It noted that the president lacked the power to dissolve the assembly, yet he did so, and he failed to exercise his power to appoint an election date.
The Election Commission of Pakistan had issued a notification for the general election date, and no parties objected to holding elections on February 8 during the court proceedings.
Chief Justice Isa announced that elections would be held on February 8, provided all requirements are met, and warned against the media creating doubts about the election process.
The Attorney-General for Pakistan stated that all parties and the Election Commission had agreed on the election date. The court inserted specific constitutional provisions in its order and emphasized the importance of following the Constitution.
The court mentioned that the issue of elections should have been resolved between the president and the Election Commission, and it was unnecessary to bring the matter to the Supreme Court. The court asserted that all constitutional institutions must abide by the Constitution and that it had played the role of a facilitator in this case.
The order also emphasized the responsibility of the president, as the highest constitutional post, and the need for all institutions to comply with the Constitution. It was noted that the election schedule would be announced after the delimitation of constituencies is completed.
