Constitutional order above NA rules: CJP


The counsels of the remaining respondents will present their arguments today at 11am
news desk
The Chief Justice of Pakistan Umar Ata Bandial on Tuesday said that constitutional orders are above the rules of the national assembly.
His remarks came during the hearing of the case filed against the “unconstitutional act” of the National Assembly Deputy Speaker Qasim Suri, who had disallowed the vote of no-confidence against Prime Minister Imran Khan on Sunday — a move that the Opposition said was a blatant violation of the Constitution.
A five-member larger bench of the apex court, headed by Justice Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel resumed the hearing this afternoon.
During the hearing, CJP Bandial directed NA speaker’s counsel Naeem Bokhari to present the minutes of the crucial NA session held on March 31 to debate the no-confidence motion against Prime Minister Imran Khan.
The CJP also directed Bokhari to assist the court with the help of documents in the next hearing over the question of whether Suri had been given the authority to give the ruling or not.
During the hearing, PML-N’s counsel Makhdoom Ali Khan said that the apex court can take an in-camera briefing from the premier intelligence agency chief.
“SC does not practice interference in foreign policy or state policy affairs. It would be easier for us if the case is examined in the light of law and Constitution instead of policy issues,” CJP Bandial remarked in response to Khan’s suggestion.
CJP remarked that the majority (20%) of the members were present in the NA when the no-confidence motion against PM Imran Khan was tabled.
“The Constitutional right cannot be disregarded based on NA Rules.”
At the outset of the hearing, PPP Senator Raza Rabbani walked to the rostrum to present his arguments.
“This is a civilian coup. A stance was created through an alleged cable which is based on malafide intent,” the Senator said, adding that the no-confidence motion against the prime minister was tabled on March 28 but the NA session was adjourned.
He maintained that Suri gave the ruling without putting the documents before the Parliament on Sunday.
He argued that Rule 28 says the deputy speaker cannot give a ruling even if he has the authority.
“Deputy speaker’s ruling is illegal […] no-trust motion cannot be rejected without voting on it,” Rabbani said.
He further stated that the deputy speaker’s ruling doesn’t have constitutional security under Article 69.
“Voting is mandatory within the given duration as per the Constitution”.
PPP’s counsel said that the no-trust motion cannot be rejected under the Constitution.
“It can be dismissed only when if those who submitted it take it back and the speaker can reject it only after voting is held on it.”
Rabbani went on to say that President Arif Alvi didn’t need to file the reference seeking interpretation of Article 63A. Instead, he should have advised the prime minister to go for voting on the motion filed against him.
Rabbani requested the court to seek the minutes of the National Security Committee meeting and details of the cable.
He also requested to form a judicial commission to probe into NA proceedings and asked for a stay on Sunday’s assembly session case.
“The court should consider the misuse of authority instead of the proceedings within the assembly and see whether the speaker can apply Article 5.”
Rabbani concluded his arguments by saying that they want that the arguments to be completed and the court issues a brief order today.
“[We] will release an order if all the parties complete the arguments,” the chief justice said in response.
The court adjourned the hearing of the case till 11:30am tomorrow (Wednesday). The counsels of the remaining respondents will present their arguments tomorrow