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Wednesday, 6 April, 2022 I 4 Ramzan, 1443 I Rs 15.00 I Vol XII No 278 I 12 Pages I Islamabad Edition

SC to only determine legality of na deputy Speaker’S ruling: CJp

ISLAMABAD

C

staff report

hief Justice of Pakistan Umar Ata Bandial on Tuesday said the Supreme Court would only determine the legality of National Assembly Deputy Speaker Qasim Suri’s ruling on a no-confidence motion against Prime Minister imran Khan. As a constitutional crisis gripped the country following the speaker’s ruling and dissolution of the NA by President Arif Alvi, the apex court had taken a suo motu notice to resolve the matter on the insistence of the opposition parties that had also petitioned the court for the same. At the previous hearing, opposition lawyer farooq h Naik had presented arguments for two hours. During the hearing on Tuesday, the CJP, who is heading the five-member larger SC bench, said that the court did not want to investigate the policy matters as it only aimed to ascertain the constitutionality of the deputy speaker’s ruling. The bench comprised Justice ijaz Ul Ahsan, Justice Munib Akhtar, Justice Mazhar Alam Khan Miankhel and Justice Jamal Khan Mandokhail. Advocate Makhdoom Ali Khan, counsel for the Pakistan Muslim LeagueNawaz, proposed that the apex court

could seek an in-camera briefing about the foreign conspiracy from the intelligence agency chief. Upon this, the chief justice said the court was focusing only on the deputy speaker’s ruling and it was its priority to decide on that particular issue. it wanted to see whether it could review the ruling. The court did not interfere in the state matters and foreign affairs, he added, and advised all parties to focus only on that point. Justice ijaz said the court at present was concerned with the constitutional matters only. The chief justice said the bench was looking at the law and Constitution. The PML-N’s counsel said the court could judicially review an illegal and unconstitutional move. Justice Munib Akhtar said the NA and provincial assembly speakers were masters of their respective houses. The distribution of powers was also enshrined in the Constitution, he added. Makhdoom Ali Khan said the noconfidence motion was submitted to the NA with the signatures of 152 members of National Assembly, while (on March 28) 161 had voted in favour of tabling it. After that, the NA proceedings were adjourned till March 31, he added. he said the deputy speaker did not give the opposition a chance to

speak during the session held on April 3 and gave the floor to the former information minister. Justice Munib Akhtar said the process of the no-confidence motion was underlined in the Rules of Procedure, not in the Constitution. The counsel argued that the rules were formed on the basis of the Constitution. The no-confidence motion could not be dismissed by the speaker once it was tabled in the National Assembly. The chief justice asked whether a debate was held on the no-confidence motion. Justice Mandokhail said the real question was whether the deputy speaker’s ruling was legal or illegal. The real issue was to examine the constitutional status of the ruling. he asked whether illegal factors in the no-confidence motion could be investigated. The counsel replied that the apex court had the right to do so. Justice Munib Akhtar asked how could the court give an opinion on the constitutional rights of the speaker over minor flaws. he asked the counsel whether he wanted to open a new door for litigations. if it happened, applications against provincial assemblies would start pouring in the high courts, he added. Justice Mandokhel asked if the deputy speaker could use powers without taking permission from the speaker. Advocate Makhdoom Ali Khan replied that it was unconstitutional for the deputy speaker to exercise his powers without the permission of the speaker. The deputy speaker, while reading aloud the ruling, had taken the name of the speaker too, he added. he alleged that the deputy speaker’s ruling fell under the definition of a mala fide decision. Advocate Raza Rabbani said the court had to examine the extent of the immunity of parliamentary proceedings. According to Article 95 of the Constitution, the no-confidence motion could not be dismissed without voting on it.

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LETTERGATE

Shehbaz asks army chief, spymaster to share ‘evidence of treason’ ISLAMABAD staff report

Pakistan Muslim League-Nawaz (PMLN) president Shehbaz Sharif demanded of the army chief and inter-Services intelligence (iSi) directorgeneral to make public “any evidence” their institutions have about the “treason” committed by the opposition alliance. Talking to reporters outside the Supreme Court in islamabad on Tuesday, Sharif asked the two to share “minutes” of the National Security Committee (NSC) meeting in which the “conspiracy letter” was discussed. he claimed the government was lying about of meeting which was attended by all three service chiefs, among other top officials of the government. he wondered whether Gen. Qamar Javed Bajwa had seen the minutes of the meeting. he called upon Gen. Bajwa and Lt. Gen. Nadeem Anjum to issue a clarification regarding the meeting’s statement. he said Pakistan Tehreek-i-insaf (PTi) leader fawad Chaudhry and deputy speaker of the outgoing National Assembly declared 192 MPs — of the opposition and those who deflected

to PML-N, “traitors” under Article 5. “if we are traitors, then bring evidence,” he added. Lashing out at the deputy speaker’s ruling, the PML-N president deplored that if voting on the no-confidence motion was not held again, then Pakistan risked becoming a banana republic. he said while the early election was the opposition’s demand, the government announced elections in violation of the constitution. he insisted that both President Arif Alvi and Prime Minister imran Khan violated the constitution. “The Constitution of Pakistan has been trampled by the two leaders,” he added. Meanwhile, Sharif also claimed that he hadn’t received “any letter” from Alvi regarding the proposal of names for the appointment of caretaker prime minister. “As i speak, i have not received officially any letter from President Alvi,” he said. On Monday, the President’s Secretariat shared copies of letters written to Khan and Sharif, asking them to propose names for the post of caretaker prime minister. Taking a dig at the prime minister, the opposition leader declared that telling lies was in Khan’s nature.


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