What was the legal base for rejection of the no confidence motion against PM Khan?

What was the legal base for rejection of the no confidence motion against PM Khan?

ISLAMABAD - Deputy Speaker of National Assembly Qasim Suri Sunday rejected the vote of no- confidence motion moved by the joint opposition against Prime Minister Imran Khan, on the basis of Article 5 of the Constitution of Pakistan, under which loyalty to the state was the basic duty of every citizen.

The deputy speaker in his ruling said the no-confidence motion should be in line with the Constitution, laws and rules.

�No foreign power has the right to topple an elected government under any conspiracy. So I give the ruling that (the) no-confidence resolution is against the national integrity and sovereignty and I give the ruling to disallow the no-confidence resolution as per rules and law.�

Following is the text of the Ruling of the Deputy Speaker on no-confidence resolution given following the concur of the Speaker Asad Qaisar. �On today the 3rd April 2022, Mr. Fawad Ahmed Chaudary, Minister for Law and Justice rising on a point of order drew attention of the Chair that in the normal circumstances under Article 95 of the Constitution it is right of the members to move a resolution for vote of no-confidence against the Prime Minister. He further stated that Article 5 of the Constitution provides that it is the basic duty of the every citizen to show the loyalty towards State. He also pointed out that Pakistani diplomat met with the officials of the foreign state and also informed about the intention of that state against the Prime Minister Imran Khan.

A notice for requisitioning the session of National Assembly was filed by members of the opposition in terms of Article 54(3) of the Constitution of Pakistan, with the Secretariat of the National Assembly on 8-3-2022. On the same date i.e. 8-3-2022 another notice under Rule 37 of the National Assembly Rules, for the notice of resolution of no confidence against Mr. Imran Khan, as Prime Minister was filed with the Secretariat of the National Assembly The session of the National Assembly was summoned to be held on 25-3-2022. After offering fateha the session was adjourned for 28-3-2022. On that date leave for moving resolution for a vote of no confidence in terms of Article 95 of the Constitution was granted and the session was adjourned for 31-3-2022. The session was then adjourned for 3-4-2022.

In the meanwhile Prime Minister Imran Khan addressed a public rally on 27-3-2022 at Parade ground, Islamabad. Mr. Shah Mahmood Qureshi, Minister for Foreign Affairs and Prime Minister Imran Khan briefly disclosed about a foreign country's interference in the internal affairs and parliamentary process in Pakistan. The details as later emerged were that on 7-3-2022 Pakistan's Ambassador deputed to an important foreign capital sent official correspondence i.e. cypher narrating details of a meeting and conversation with high official(s) of that foreign state. The gist of the contents of the cypher indicated that the foreign state was interfering in the internal affairs of Pakistan and Prime Minister Imran Khan was its primary target.

The circumstance shows that there was nexus between no confidence motion against Prime Minister and the foreign intervention and the activities of that State's representatives deputed to Pakistan. The Federal cabinet as well as the National Security Committee (NSC) headed by Prime Minister, some members of the Federal Cabinet, The Chairman, Joint Chiefs of Staff Committee, and the three services Chiefs, meeting on 31-32022 was briefed about the unwarranted foreign, interference in the internal affairs of Pakistan. It is a matter of record that after the meetings of the Federal Cabinet and the National Security Committee, Pakistan formally conveyed a demarche to the foreign state concerned. Given the above facts and circumstances a briefing for the Parliamentary Committee on the National Security was arranged for briefing on the issue on 31-3-2022.

Unfortunately the concerned members of the opposition choose to boycott and ignore the briefing. However, as Speaker and custodian of the National Assembly, I asked the concerned functionaries of the Government to provide me the relevant facts and information subject to the applicable laws. This was accordingly done. The facts reveled to me were absolutely shocking and completely unacceptable for any independent people with self respect and dignity.

I was fully convinced that there was blatant foreign interference in the internal affairs of Pakistan and the duly elected Prime Minister of Pakistan was the prime target. When was even more shocking was the apparently close nexus and proximity between blatant foreign interference and the motion of no confidence against the Prime Minister also became evident.

For a number of reasons and save for what I have observed herein above, I would presently refrain from giving more and specific details about the foreign intervention and its links to the no-confidence motion moved against the Prime Minister Imran Khan. If and when so required by this august House and subject to applicable laws, details and specifics of foreign interference in the internal affairs of Pakistan and its parliamentary process including no confidence motion can be provided and discussed in greater detail in closed door in camera session.

Suffice it to say that to me it is now clear that there has been blatant foreign interference in the internal affairs of Pakistan and there exists a close nexus between such foreign interference and the campaign to oust and remove the democratically elected government headed by Prime Minister Imran Khan through different means including the motion for no-confidence initiated on 8-3-2022. No self respecting independent, democratic country and people with national pride and dignity could or should ever let such things to happen nor allow its democratic institutions including parliamentary processes to be so grossly abused by foreigners or foreign states to bring a change of any Government or Prime Minister as appears to be the case presently.

The membership of this august House is a matter of great honour and trust for every member. Any action though purported to be under the Constitution and the Rules but for extraneous purposes and goals which could compromise the sovereignty and independence of the country could not be sustained under any circumstances. Any such attempt must be thwarted and quashed.

The motion of no confidence against the Prime Minister apparently linked with and has clear nexus with the efforts of the foreign State to bring about change of Government cannot be entertained or allowed to be voted upon in this august House and must be rejected empathetically as this could ever be the intent of the Constitution. The fundamental existential issue should be clearly settled first leaving no doubt or taint of external interference or collusion of Pakistani citizens including few member of the National Assembly. If any, in this unholy venture.

This would require a thorough investigation by appropriate forum or authority under the law. However, without such thorough probe, if such motion no-confidence is entertained in the grab of parliamentary process now or allowed to succeed and a foreign country is able to achieve its goal to oust a democratically elected Government and/or Prime Minister in this manner, we shall cease to be an independent and sovereign country governed by the Constitution and the laws.

10.1, as the Deputy Speaker and custodian of the House and bound by the oath taken by me under the Constitution of Pakistan to preserve, protect and defend the Constitution cannot remain indifferent or act as unconcerned spectator let alone be instrumental in this unconstitutional act of change of Government and or Prime Minister orchestrated by a foreign state. The present motion of no confidence being the very essence of the internal proceedings of the House cannot be entertained or allowed by me to proceed in these circumstances and has to be disallowed and accordingly rejected�.