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Says they violated sacred trust, played fraud on constitution
On July 13, the Supreme Court of Pakistan issued the detailed verdict of the suo moto case regarding the rejection of the no-confidence motion against the then prime minister Imran Khan by the then Deputy Speaker Qasim Khan Suri.
The court declared the ruling passed by then deputy speaker Suri on April 3, 2022, to reject the vote of no-confidence, the subsequent actions of former prime minister Imran Khan and incumbent President Dr Arif Alvi as an infringement of the fundamental rights of the opposition parties and the public at large apart from overstepping jurisdictional bounds.
Justice Mazhar Alam Khan Miankhel, who retired on Wednesday, urged the parliament to determine if the acts of President Arif Alvi, Imran Khan,, former NA speaker Asad Qaiser, former deputy speaker Suri and former federal law minister Fawad Chaudhry “attract Article 6 of the Constitution” for violating the sacred trust of exercising by derailing the process of the no-confidence motion pursued against Imran Khan.
“This sacred trust was violated amongst others by the President, PM, the Speaker, the Deputy Speaker and the Law Minister as the elected representatives of the people were prevented from voting on the resolution and for such blatant transgression of the Constitution there must be consequences and the law must take its course,” Justice Miankhel observed.
“Whether the stated acts attract Article 6 of the Constitution is also left open to be determined by the Parliamentarians as to whether they leave open the doors for such unconstitutional acts or take suitable measures to stop such like mess in future,” he added.
Justice Miankhel also noted that the acts from “rejection of resolution by the Deputy Speaker till the dissolution of National Assembly by the President were not performed in the ordinary course of business but the same were result of premeditation and deliberations in order to defeat the resolution of vote of no confidence while playing fraud on the Constitution.”
Similarly, Justice Jamal Khan Mandokhel observed that “the conduct of the Deputy Speaker is evident of the fact that he had already decided to reject the resolution” which was drafted before the start of the proceedings in the House.
He noted that the ruling that Suri gave was “with the name and designation of the Speaker National Assembly, Asad Qaiser, who was even not present in the House.”
Justice Mandokhel said that the ruling of the deputy speaker was pre-planned and deprived the Parliamentarians of their constitutional right for a vote of no confidence against the PM.
“The Deputy Speaker did not provide the right to reply the allegations leveled by the Federal Minister for Law and Parliamentary Affairs, which undermined the authority and sovereignty of the Parliament, and has lowered its dignity as well. His act was, therefore, not only beyond the mandate of the Constitution, but is also based on mala fide, which cannot be termed as procedural irregularity, rather it was an act, ultra vires the Constitution.”
www.samaaenglish.tv
On July 13, the Supreme Court of Pakistan issued the detailed verdict of the suo moto case regarding the rejection of the no-confidence motion against the then prime minister Imran Khan by the then Deputy Speaker Qasim Khan Suri.
The court declared the ruling passed by then deputy speaker Suri on April 3, 2022, to reject the vote of no-confidence, the subsequent actions of former prime minister Imran Khan and incumbent President Dr Arif Alvi as an infringement of the fundamental rights of the opposition parties and the public at large apart from overstepping jurisdictional bounds.
Justice Mazhar Alam Khan Miankhel, who retired on Wednesday, urged the parliament to determine if the acts of President Arif Alvi, Imran Khan,, former NA speaker Asad Qaiser, former deputy speaker Suri and former federal law minister Fawad Chaudhry “attract Article 6 of the Constitution” for violating the sacred trust of exercising by derailing the process of the no-confidence motion pursued against Imran Khan.
“This sacred trust was violated amongst others by the President, PM, the Speaker, the Deputy Speaker and the Law Minister as the elected representatives of the people were prevented from voting on the resolution and for such blatant transgression of the Constitution there must be consequences and the law must take its course,” Justice Miankhel observed.
“Whether the stated acts attract Article 6 of the Constitution is also left open to be determined by the Parliamentarians as to whether they leave open the doors for such unconstitutional acts or take suitable measures to stop such like mess in future,” he added.
Justice Miankhel also noted that the acts from “rejection of resolution by the Deputy Speaker till the dissolution of National Assembly by the President were not performed in the ordinary course of business but the same were result of premeditation and deliberations in order to defeat the resolution of vote of no confidence while playing fraud on the Constitution.”
Similarly, Justice Jamal Khan Mandokhel observed that “the conduct of the Deputy Speaker is evident of the fact that he had already decided to reject the resolution” which was drafted before the start of the proceedings in the House.
He noted that the ruling that Suri gave was “with the name and designation of the Speaker National Assembly, Asad Qaiser, who was even not present in the House.”
Justice Mandokhel said that the ruling of the deputy speaker was pre-planned and deprived the Parliamentarians of their constitutional right for a vote of no confidence against the PM.
“The Deputy Speaker did not provide the right to reply the allegations leveled by the Federal Minister for Law and Parliamentary Affairs, which undermined the authority and sovereignty of the Parliament, and has lowered its dignity as well. His act was, therefore, not only beyond the mandate of the Constitution, but is also based on mala fide, which cannot be termed as procedural irregularity, rather it was an act, ultra vires the Constitution.”
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