Tuesday, 5 April, 2022 I 3 Ramzan, 1443 I Rs 15.00 I Vol XII No 277 I 12 Pages I Islamabad Edition
SC to ContInue proCeedInGS on deputy SpeAker’S rulInG todAy g
Justice Munib questions deputy speaker ’s constitutional authority to pass the ruling
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Opposition deliberately didn’t attend parliamentar y committee for security meeting: Justice Bandial
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ISLAMABAD
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Staff RepoRt
He Supreme Court on Monday adjourned the hearing and ignored a plea by PPP’s counsel seeking the formation of a full court to hear the suo motu case pertaining to the ruling issued by the National Assembly deputy speaker which dismissed the no-confidence motion against Prime Minister Imran Khan. Chief Justice of Pakistan (CJP) Umar Ata Bandial had earlier in the day said the court would issue a “reasonable order” on the issue today. His remarks had come as a larger bench of the Supreme Court – comprising the CJP, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail — took up the matter. During the proceedings, Justice Ahsan noted that there were violations in the proceedings of the no-trust resolution. Justice Bandial observed that a debate before voting on the no-confidence motion had been clearly mentioned in the law but didn’t take place. Meanwhile, Justice Akhtar questioned the deputy speaker’s constitutional authority to pass such a ruling. “I don’t think the deputy speaker had the authority to pass such a ruling,” Justice Akhtar said, adding that only the speaker could do so. “The deputy speaker only chairs the session on the non-availability of the speaker,” the judge said. During his arguments, Farooq H. Naek, who was representing the PPP and other opposition parties, contended that the ‘threat letter’ on the basis of which the ruling was passed was never shown in parliament. Here, the CJP observed that the deputy speaker’s ruling mentioned the meeting of the parliamentary committee for security. “The opposition deliberately didn’t attend the meeting,” he said, adding that the matter of the letter was put forth there. “This needs to be answered by all political
Imran nominates former top judge Gulzar Ahmed as interim prime minister Justice Munib questions deputy speaker’s constitutional authority to pass the ruling ISLAMABAD Staff RepoRt
parties,” the CJP said, adding that the parliamentary committee meeting was important. Naek pleaded the court to issue a verdict on the matter today, pointing out to the bench that the president had already asked for names to appoint as caretaker prime minister. But Justice Ahsan said it was impossible to pass the verdict today, adding that the apex court’s decision would have far reaching outcomes. “We respect the opinions of political parties.” “We can’t pass a decision in the air,” Justice Bandial said, adjourning the hearing till 12pm on Tuesday. earlier, Naek had urged the CJP to form a full court bench to hear the matter, saying that the case concerned complex matters of the law and therefore all judges of the apex court should sit on the bench. The CJP, however, asked Naek if he had objections to any judge on the fivemember bench. “If there is a lack of confidence in any of the judges, the bench will rise,” Justice Bandial said. To this, Naek said he had full confidence in all judges on the bench.
Justice Bandial said forming a full court bench would impede proceedings of other cases. When PTI’s counsel Babar Awan took the rostrum, the chief justice said that he wanted to hear the petitioners first. “If you want to give a statement, you can,” Justice Bandial told Awan, who informed the court that the party was ready for the next election. “The court will only review the speaker’s ruling, not political statements,” the chief justice remarked, reiterating that the court would give a “reasonable decision”. Naek told the court that the requisition notice for the NA session and no-confidence motion were submitted on March 8. “The speaker was bound to convene the session within 14 days but the meeting was called on March 27,” he said. However, Justice Mandokhail pointed out that the case did not concern when the NA session was summoned while Justice Akhtar said that the speaker had provided reasons for the delay.
The prime minister proposed the name of former chief justice Gulzar Ahmed for the office of the caretaker leader of the nation, announced Pakistan Tehreek-i-Insaf (PTI) leader Fawad Chaudhry Monday. The development came hours after the president wrote to Imran Khan and the former National Assembly Opposition Leader Shehbaz Sharif to propose names of candidates for appointment as the caretaker prime minister under Article 224-A (1) of the Constitution. The letter observed that the National Assembly and the federal cabinet had been dissolved under Article 58(1) on Sunday. But added that Khan would continue to hold office until the caretaker prime minister’s appointment is made under Article 224-A(4). Khan was de-notified late on Sunday as a result of the dissolution of the parliament, which he recommended to the president, according to an announcement by the Cabinet Division. He will, however, continue to serve as acting premier until a caretaker prime minister is appointed to hold fresh elections. “Caretaker prime minister shall be appointed by the president in consultation with the prime minister and the leader of the opposition in the outgoing NA as per Article 224-A(1) of the Constitution of Pakistan,” the letter read. In the letter, Dr Arif Alvi told the two that in case they do not agree on the appointment within three days of the dissolution of the National Assembly, they shall forward two nominees each to a committee to be constituted by the speaker, comprising eight members of the outgoing assembly, or the Senate, or both, having equal representation from the treasury and the opposition.
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