ISLAMABAD:
The Supreme Court (SC) of Pakistan resumed on Tuesday hearing on the legitimacy of the dismissal of a no-confidence motion and the subsequent dissolution of the National Assembly.
As a constitutional crisis gripped the country following the speaker’s ruling, the apex court took a suo motu notice to resolve the matter on the insistence of the opposition parties that had also petitioned the court for the same.
At the previous hearing, opposition lawyer Farooq H Naik presented arguments for two hours. The apex court had also rejected the request for the formation of a full bench to hear the case.
As the hearing resumed today, PPP Senator Raza Rabbani presented arguments before the five-member bench.
Rabbani informed the bench that the process to remove the prime minister was enshrined in the Constitution. “Once a motion for the no-confidence [against PM] is tabled in the house, he cannot dissolve assemblies,” Rabbani said, adding that only the resignation of the PM can stop the no-confidence motion.
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The PPP leader said the president could also ask the prime minister to take the vote of confidence from the house. He added that in order for the no-confidence motion to be dismissed, either the premier has to resign or the opposition takes back the resolution. However, once the resolution is tabled, it has to be voted upon.
Rabbani said the court could review the ruling of the speaker under Article 95(2) of the Constitution. He added that the deputy speaker interpreted Article 5 and applied it to the members of the opposition.
He urged the court to declare the ruling of the deputy speaker unconstitutional, asking whether a speaker could issue such a ruling without the court’s findings.
Rabbani said the establishment also rejected the claim made by PM Imran about “three options given to him by the establishment”.
Rabbani also asked the court to summon the ‘threat letter’ and the National Security Committee’s minutes. “The court should strike down the speaker’s ruling and restore the National Assembly,” he added.
PML-N lawyer Makhdoom Ali Khan started presenting arguments before the bench after Rabbani concluded his case.