Pakistan’s SC says all orders and actions initiated by PM, president subject to court order

Insight Online News

Islamabad, April 4 : Pakistan’s Chief Justice Umar Ata Bandial has said that all orders and actions initiated by the prime minister and president regarding the dissolution of the National Assembly will be subject to the court’s order, Dawn reported on Monday.

The chief justice made the observation with regards to the current situation in the country following the dismissal of a no-confidence motion against Prime Minister Imran Khan by National Assembly (NA) Deputy Speaker Qasim Suri and the subsequent dissolution of the NA by President Arif Alvi on the recommendation of the premier.

A three-member bench of the top court comprising CJP Bandial, Justice Ijazul Ahsan and Justice Mohammad Ali Mazhar heard the case on Monday. In its written order, issued later in the day, the court did not elaborate on the status of the NA but directed that a notice should be issued to Attorney General for Pakistan Khalid Khalid Jawed Khan “on the constitutionality of the deputy speaker’s decision” to dismiss the no-trust motion on the basis of Article 5 of the Constitution. Article 5 obliges every citizen to be obedient to the Constitution and law and says that “loyalty to the State is the basic duty of every citizen”.

In the order, the court further observed that “it is contended that, prima facie, there is neither a finding recorded in the matter nor was a hearing granted to the affected party”, adding “We would also like to examine whether the dismissal of the no-trust motion on the basis of Article 5 is protected by the ouster (removal from the court’s jurisdiction) contained in Article 69 of the Constitution.”

Article 69 of the Constitution essentially restricts the court’s jurisdiction to exercise authority on a member or officer of parliament with respect to the functions of regulating parliamentary proceedings.


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