Supreme Court cannot interfere in the proceedings of the parliament
Barrister Ali Zafar, representing President Dr Arif Alvi in the case, raised objection on the maintainability of the petition under Article 184 (3) of the Constitution. He quoted Article 69 of the Constitution and said the top court could not interfere in the proceedings of the National Assembly as the stated article imposed a boundary between the Supreme Court and the Parliament.
The court cannot interfere in the proceedings of the Parliament as it would be equal to giving directions to the speaker which would be unconstitutional, Barrister Zafar said. Approaching the court on the ruling of the speaker was equivalent to the interference in the proceedings of the Parliament and a court’s direction to the speaker would not come under the ambit of the judiciary, he argued, adding the National Assembly speaker was a respondent in the case.
Barrister Zafar added that the Parliament would not discuss a case which was sub-judice. Likewise, the court could not interfere in the proceedings of the Parliament, he said.
At this CJP Bandial inquired whether the top court could not intervene, if the speaker was violating the Constitution in the Parliament.
Barrister Zafar said he would continue his arguments on constitutional and unconstitutional proceedings later.