ISLAMABAD – The Supreme Court on Monday dismissed the Pakistan PeopleParty’s (PPP) plea seeking formation of a full court to hear the suomoto case pertaining to a ruling issued by the National Assemblyspeaker rejecting the no-confidence motion and adjourned hearing tillTuesday.
A five-member larger SC bench headed by Chief Justice of Pakistan UmarAta Bandial and comprising Justice Ijaz Ul Ahsan, Justice Mazhar AlamKhan Miankhel, Justice Muneeb Akhtar and Justice Jamal Khan Mandokhelheard the case.
During the course of proceedings, the CJP while considering the pleaof PPP counsel Farooq H Naek regarding the formation of full court,asked him to submit his formulation and if the court found itappropriate then it would consider his plea.
He asked Naek if he had no confidence in them, then they could risefrom the bench. Upon this, Farooq Naek said that he had full trust inthe bench. As the case concerned complex matters of law, all judgesof the apex court should sit on the bench, he added.
Justice Bandial said forming a full court bench would impedeproceedings of other cases.
The CJP asked about the absence of joint opposition leaders from theparliamentary committee briefing on the alleged foreign conspiracy. Heasked about the significance of the parliamentary committee meetingand its relevance in the matter.
He asked them regarding the ambit of Article 69 of the Constitution,which stated that the parliament’s proceedings could not be challengedin any court of law.
The could not decide the case without listening to everyone, as theruling could not come out of thin air, he added.
Farook H Naek urged the court to decide the case today, but the courtsaid it needed more time to hear the arguments of other lawyers.
Justice Ijaz said the court’s decision would have far-reachingramifications so it could not do so without giving the other partiesan opportunity to present their argument.
Farooq H Naek referred to Article 54(3) and said the NationalAssembly’s session was supposed to be convened within 14 days after amotion was submitted.The no-trust motion was submitted on March 8,2022, while the assembly session was called on March 25 instead ofMarch 21 while the NA deputy speaker adjourned the session on March 25after offering Fateha till March 28, he added.
He said the speaker didn’t provide any reason for not convening thesession till March 20 after the motion was submitted.
Justice Mandokhel objected that Naek’s case was related to the actionof the speaker in Sunday’s NA session. He asked Naek whether thespeaker was right or wrong.
Justice Muneeb Akhtar said if there were 100 members in the assembly,and 50 of them were against it and only 25 supported the motion. Heasked whether the motion would be dismissed if the majority opposedit.
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Naek said if the majority stated that the motion could not bepresented, then it could not be presented. It was the House that hadallowed the motion to be presented, not the speaker.
Justice Muneeb Akhtar said if the government was in the majority inthe NA, then no motion would ever be moved if voted against them.
He asked whether the speaker had the power not to allow the motion tobe moved. What would happen if the speaker did not allow the motion?
Justice Ahsan remarked that the no-confidence motion was not validuntil leave was not granted by the speaker. Naek argued that thespeaker had permitted its presentation.
The CJP asked what did it mean to grant leave and who had allowed topresent the resolution – the speaker or the House.
Naek responded that the House allowed to present the resolution, notthe speaker.
Justice Muneeb asked whether the speaker had the authority to disallowpresentation of the resolution and what would happen if the speakerdid not allow to do so.
It was during the assembly’s proceedings that the speaker rejected theresolution, he added.
When Pakistan Tehreek-e-Insaf’s counsel Babar Awan took the rostrum,the chief justice asked him that the bench wanted to hear thepetitioners first. “If you want to give a statement, you can,” headded.
Babar Awan, in his arguments, said he wanted to refer to the apexcourt’s decision of March 21, 2022, when the Attorney General forPakistan had assured the court that no member of the National Assemblywould be prevented from attending the session.
He said the presidential reference should be heard with the presentsuo moto notice.
Banar Awan said the PTI was ready for the next election.Upon this, the chief justice remarked that the court would onlyreview the speaker’s ruling, not political statements, and wouldannounce a reasonable decision.
