ISLAMABAD: Chief Justice of Pakistan Umar Ata Bandial said that voting would have to be held at any cost on no-trust move in the National Assembly against Prime Minister Imran Khan. Later on, the Election Commission of Pakistan and Supreme Court will decide the fate of the votes of dissident MNAs.
Chief Justice of Pakistan observed that not counting a vote that has been cast during the no-trust proceedings against the prime minister would be “contemptuous”, adding that the real question was how long a dissident MNA could be disqualified for.
Article 63-A laid out the procedure for the disqualification of a parliamentarian over defection, he observed.
The CJP gave these remarks while hearing a presidential reference on the interpretation of Article 63-A of the Constitution today. The remarks of the CJP put an end to controversy about NA Speaker’s powers to cancel votes of estranged PTI MNAs in support of no-confidence move.
Chief Justice Umar Ata Bandial, however, warned that if a pandora’s box is opened, an unending musical chair would ensue, posing threat to democratic system in the country.
The five-member larger bench, headed by Chief Justice Umar Ata Bandial, includes Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail.
The bench is also hearing a petition filed by the Supreme Court of Pakistan (SCBA), which has sought intervention from the top court to prevent possible “anarchy” over a no-trust move against the prime minister and to ensure the implementation of Article 95 that provides for the vote on a no-confidence motion.
On Thursday, the attorney general of Pakistan told the court that the National Assembly Speaker is also a respondent in the petition filed by the SBCA and if it pleases the court, it may issue notices to the provincial governments as well.
He said political parties have already been served notice. The apex court issued notices to the provincial governments.
The attorney general also told the court that the Jamiat-e-Ulema Islam-F (JUI-F) and Pakistan Tehreek-e-Insaf (PTI) members have met the district administration in Islamabad to hold rallies.
The attorney general said that the JUI-F wants to hold its rally on the Kashmir Highway, which is a key artery of the city and provides access to the Islamabad International Airport. He also said that the law requires that political campaigns must end 48 hours before the polling.
The chief justice said that it was not clear when the vote on the no-trust motion will be held and that the court wants political parties to stand in defence of the Constitution.
Justice Ijazul Ahsan said that no democratic process was meant to disrupt everyday life.
Earlier, two of the opposition parties and the Supreme Court Bar Association (SCBA) submitted their replies before the top court ahead of the hearing, defending the MNAs’ right to vote against the prime minister. The ruling PTI has also submitted its reply.
