Wednesday, February 28, 2024

SC overturns PM Khan’s moves, deputy speaker ruling, assembly dissolution termed ‘unconstitutional’

The Supreme Court of Pakistan on Thursday dismissed the deputy speaker’s ruling which blocked the no-confidence motion against PM Imran Khan and the subsequent dissolution of the National Assembly on the orders of the president which was earlier advised by the PM in an address to the nation on Sunday, April 3.

The five-member bench of the Supreme Court delivered the unanimous decision voting 5-0 against the NA dissolution decision.

Verdict on Deputy Speaker’s Ruling:

Pronouncing the verdict on Deputy Speaker’s ruling, the court said it was “contrary to the Constitution and the law and of no legal effect, and the same is hereby set aside”.

“The deputy speaker gave a ruling on April 3. Leave was granted on the no-confidence motion on March 28. The ruling of the speaker is declared unconstitutional,” Justice Bandial declared.

Verdict on NA Dissolution:

The Supreme Court ruled that President Dr. Arif Alvi’s decision to dissolve the National Assembly was also “contrary to the Constitution and the law and of no legal effect”, reminding that the premier could not have advised the president to dissolve the NA as he continues to remain under the bar imposed under clause (1) of Article 58 of the Constitution.

“It is further declared that the [National] Assembly was in existence at all times, and continues to remain and be so,” the short ruling reads.

PM and Cabinet Restored:

Additionally, the court’s order also restored the prime minister and his cabinet in their position. “In consequence of the foregoing, it is declared that the prime minister and federal ministers, ministers of state, advisers, etc stand restored to their respective offices.”

Order to Conduct NA Session on Saturday:

The Apex Court ordered for the session of the National Assembly to reconvene on Saturday, April 9 no later than 10:30 am saying that the session cannot be prorogued without the conclusion of the no-trust motion against Prime Minister Imran Khan.

The court further stated that the current order would not impact the proceedings under Article 63 of the Constitution.

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