Breaking: Pak SC rules dissolution of Assembly unconstitutional; Imran Khan to face no-trust vote on April 9

Islamabad: Pakistan’s Chief Justice Umar Ata Bandial led five-judge bench has announced its major verdict on the suo moto case concerning the legality of the National Assembly deputy speaker Qasim Suri’s move to dismiss a no-confidence motion against embattled Prime Minister Imran Khan through a controversial ruling.

The court has ruled that deputy speaker Qasim Suri’s move to dismiss a no-confidence motion against Imran Khan was unconstitutional. The court also restored the national assembly and asked it to go ahead with the voting on the no-confidence motion on April 9.

Chief Justice Bandial has already noted that deputy speaker Suri’s move to dismiss a no-confidence motion against Khan was, prima facie, erroneous and a violation of Article 95 of the Constitution as the apex court heard the high-profile case for the fourth day.

Chief Justice Bandial, who is heading a five-member bench comprising Justices Ijazul Ahsan, Mohammad Ali Mazhar Miankhel, Munib Akhtar and Jamal Khan Mandokhail, made the observation during the hearing on Thursday. Pressure was mounting on the court to conclude the hearing at the earliest. During the hearing on the fourth day, Chief Justice Bandial noted that the deputy speaker’s ruling is, prima facie, a violation of Article 95.

Earlier, Barrister Ali Zafar, representing President Arif Alvi, presented his arguments. Bandial questioned Zafar about where the constitutional crisis in the country was if everything was happening as per the Constitution, the report said. The top judge also asked the counsel why he was not explaining whether or not there was a constitutional crisis in the country.

“If everything is happening according to the Constitution, where is the crisis?” the chief justice asked. During the hearing, Zafar was asked by Justice Miankhel if the prime minister was the people’s representative. The lawyer replied in the affirmative. Miankhel then inquired if the premier would be protected if the Constitution was violated in Parliament.

At this, Zafar replied 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 injustice was carried out against the entire assembly, not just one member.

Justice Mandokhel pointed out that even though the deputy speaker Suri announced the April 3 ruling which dismissed the no-confidence motion against Prime Minister Khan, it was signed by Speaker Asad Qaiser. He made the observation as Suri and Qaiser’s lawyer, Naeem Bukhari, presented his arguments in the case concerning the legality of the deputy speaker’s ruling, the Dawn newspaper reported.

National Assembly Deputy Speaker Suri on Sunday ruled that the no-confidence motion was linked with the “foreign conspiracy” to topple the government and hence was not maintainable. Minutes later, President Alvi dissolved the National Assembly on the advice of Prime Minister Khan. During the hearing on Wednesday, the chief justice repeatedly reminded the lawyers to conclude their arguments at the earliest to let the bench issue an order.

The outcome will not only decide the fate of no-confidence but also the dissolution of the National Assembly and the upcoming elections. If Khan gets a favourable ruling, elections will take place within 90 days. If the court rules against the deputy speaker, Parliament will reconvene and hold the no-confidence vote against Khan, experts said.