The Supreme Court of Pakistan declared the government’s decision to dissolve the assembly and National Assembly Deputy Speaker Qasim Suri’s ruling is against the Constitution.
SC restored the National Assembly on Thursday
The top court has ordered NA Speaker Asad Qasier to call the session on April 9 Saturday not later than 10:30am to allow the vote on the no-confidence motion against the Prime Minister.
“In consequence of the foregoing, it is declared that at all material times the Prime Minister was under the bar imposed by the Explanation to clause (1) of Article 58 of the Constitution and continues to remain so restricted. He could not, therefore, have at any time advised the President to dissolve the Assembly as contemplated by clause (1) of Article 58,” the court’s order read, news broadcasters reported.
“In consequence of the foregoing, it is declared that the advice tendered by the Prime Minister on or about 03.04.2022 to the President to dissolve the Assembly was contrary to the Constitution and of no legal effect,” said the order.
The Supreme Court also “declared that the assembly was in existence at all times, and continues to remain and be so”.
The apex court also stated that “speaker cannot prorogue the assembly and bring the session to an end if the no-trust motion fails or after a new prime minister is elected if a no-confidence motion is passed”.
The court also ruled that no member will be barred from casting their vote. It also stated that if the no-trust motion fails then the government will continue to carry out its affairs.
“…if the no-confidence motion against the prime minister succeeds, then the assembly will appoint the new prime minister,” the top court’s order said.
Earlier, Chief Justice of Pakistan Umar Ata Bandial had said that the court will move forward only after seeing national interest and practical possibilities, according to News Broadcasters.
The chief justice had noted that the deputy speaker’s ruling is, prima facie, a violation of Article 95, as the apex court resumed deliberation over the “unconstitutional” act by Suri for the fifth consecutive day today.
The apex court’s five-member larger bench headed by Justice Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel heard the case and then later issued the ruling.