ISLAMABAD: The Supreme Court has said that the government and the opposition are fighting among themselves, while the matter is being imposed on us.
A five-member larger bench of the apex court headed by Chief Justice Umar Ata Bandial heard the case of Speaker Rolling Suicide Note. The petitioner said that if former US ambassador Asad Majeed was called then everything would come to light.
PPP leader Raza Rabbani argued that the court has to see to what extent the parliamentary proceedings are exempt, what happened can only be termed as civilian martial law, the system has prepared its own alternative which is unconstitutional. It was not stated on what basis the Deputy Speaker had given the rolling order. He had no court order before him nor was there any inquiry report of the conspiracy. Effective, this is against the rolling constitution.
Raza Rabbani said that if the resolution is passed in the parliament then the prime minister cannot dissolve the assemblies. Voting on no-confidence can be stopped only on the resignation of the prime minister. Even the Prime Minister cannot dissolve the Assembly until a vote of no confidence is taken. The Prime Minister mentioned three options in his statement, which was denied by the Establishment.
Raza Rabbani said that if the members who brought the no-confidence motion withdraw it, it could happen. When the no-confidence motion is tabled, it is necessary to hold a vote on it. Whoever decides to take action will be protected. Violation of Article 5 and Rolling has nothing to do with each other. The Deputy Speaker interpreted Article 5 and applied it to the members. Can be reviewed.
Raza Rabbani, while concluding his arguments, requested the court to declare the rolling of the speaker unconstitutional, summon the minutes and letter of the National Security Committee, and restore the assembly by declaring the rolling of the speaker null and void.
The PML-N lawyer said that under Rule 37, the no-confidence motion was to be debated on March 31, but the resolution was not debated. The no-confidence vote was to be held on April 3. It is against her to be the Prime Minister.
Justice Muneeb Akhtar asked the lawyer when the no-confidence motion should be filed. It is in the rules and not in the constitution. All the procedures regarding the no-confidence motion are in the assembly rules. According to the constitution, a vote of no confidence is required in seven days. If for some reason voting is on the eighth day, would it be unconstitutional?
The lawyer replied that voting on the eighth day would not be unconstitutional. If there is a valid reason for voting after the stipulated period, then Article 254 would be protected. The House is against the Prime Minister but the Speaker can still reject the no-confidence motion? It is not necessary to give reasons for the no-confidence motion.
The Chief Justice remarked that the Constitution cannot be made ineffective by rules.
Justice Jamal Mandokhel asked whether the court could review the rolling of the Deputy Speaker. The lawyer replied that the court could review the unconstitutional rolling.
The Chief Justice said that the court does not interfere in the affairs of state and foreign policy, but only to see whether the rolling of the Deputy Speaker can be judicially reviewed or not, only to review the constitutional status of the measures, to investigate the policy matters. I don’t want to fall
Lawyer Makhdoom Ali Khan, concluding his arguments, said that the court can take in-camera briefings from the head of the intelligence agency in the chamber if it wants. Will also be dissolved.
Advocate Azam Nazir Tarar said that the position of Advocate General Punjab should also be heard. It is feared that the election of Chief Minister may not be held tomorrow.
Advocate General Punjab assures that Punjab Assembly will meet tomorrow
Advocate General Punjab said that Azam Nazir Tarar was misrepresenting. The Chief Justice said that the proceedings of the Assembly should be the agenda for which it was called.
The Chief Justice asked the Advocate General of Punjab to tell me whether there will be an election of Chief Minister in Punjab tomorrow or not. To this Advocate General Punjab replied that the Speaker Punjab Assembly will fully abide by the Constitution. Tomorrow the session of Punjab Assembly will be held at 11:30 am. Usman Bazdar is continuing his work till the election of new Chief Minister. Let the court inquire into what is happening in Punjab Assembly and hotels.
The election of the Chief Minister must be in accordance with the Constitution
The Chief Justice directed that the election of the Chief Minister must be held in accordance with the Constitution. Justice Jamal Mandokhel remarked that the government and the opposition were fighting each other and the matter was being thrown at our necks.
Counsel for the Supreme Court Bar argued that the Speaker has no role in the vote of no confidence, the Secretary Assembly and the staff count while the Speaker announces, the role of the Speaker is in the general legislation where the majority decision by the voice of the members.
Sindha bar council lawyer also said that the speaker did not have the power to reject the no-confidence motion, adding that the speaker could not use his power to interpret the constitution under any circumstances.
Cannot interfere in parliamentary proceedings
The Chief Justice said that the Constitution cannot interfere in the proceedings of Parliament, in the past the court has been interfering in the proceedings of Parliament on unconstitutional steps.
If Imran Khan is not the Prime Minister then how can he be represented
When Imtiaz Siddiqui appeared in the court on behalf of Imran Khan, Justice Jamal Mandokhel said that if Imran Khan is not the Prime Minister then how is he representing him.
The formation of caretaker government has been suspended due to this case
The Chief Justice said that the formation of caretaker government has been stopped due to this case. The Attorney General said that in the Nawaz Sharif case, the Assembly was dissolved and the caretaker government was formed. The court had given its verdict in the Nawaz Sharif case a month later.
The Supreme Court adjourned the hearing of the case till 11:30 am tomorrow.
