Pakistan’s deputy speaker’s decision prima facie violates Article 95: Chief Justice Bandiyal

On 7 April, Chief Justice of Pakistan Omar Ata Bandiyal said that the National Assembly Deputy Speaker Qasim Suri’s move to reject the no-confidence motion against the entangled Prime Minister Imran Khan By way of a controversial decision, prima facie, there is a violation of Article 95 of the Constitution, as The top court heard the high profile case for the fourth day.

Chief Justice Bandiyal, who is heading a five-member bench of Justices Ijazul Ahsan, Mohammad Ali Mazhar Miankhel, Muneeb Akhtar and Jamal Khan Mandokhail, made the remarks during the hearing on April 7.

There is increasing pressure on the court to complete the hearing at the earliest.

During the hearing on the fourth day, Chief Justice Bandiyal said that the decision of the Deputy Speaker is prima facie a violation of Article 95.

Earlier, Barrister Ali Zafar, representing President Arif AlvikPresent your arguments.

The report said that Justice Bandiyal questioned Barrister Zafar as to where is the constitutional crisis in the country, if everything is being done as per the Constitution.

The top judge also asked the lawyer why he was not telling whether there was a constitutional crisis in the country or not.

“If everything is going according to the Constitution, then where is the crisis?” The Chief Justice asked.

During the hearing, Justice Miankhel asked barrister Zafar whether the Prime Minister was a representative of the people. The lawyer answered yes.

Justice Miankhel then asked whether the Prime Minister would be protected if the Constitution was violated in Parliament.

To this the barrister Zafar replied that the Constitution should be preserved according to the rules outlined by it. He said that every article has to be kept in mind to protect the Constitution.

Justice Bandiyal then asked what would happen when injustice was done to the entire assembly, not just one member.

Justice Mandokhel said that even though Deputy Speaker Suri announced the April 3 decision, which rejected the no-confidence motion against Prime Minister Khan, it was signed by Speaker Asad Qaiser.

He made these remarks as Naeem Bukhari, counsel for Mr. Suri and Mr. Kaiser, presented their arguments in the matter concerning the validity of the deputy speaker’s decision, dawn Newspaper reported.

National Assembly deputy speaker Suri ruled on 3 April that the no-confidence motion was linked to a “foreign conspiracy” to topple the government and was therefore not maintainable. A few minutes later, President Alvi, on the advice of Prime Minister Khan, dissolved the National Assembly.

During the hearing on April 6, the Chief Justice repeatedly reminded the lawyers to complete their arguments at the earliest for the bench to issue orders.

The outcome will decide not only the fate of the antitrust but also the dissolution of the National Assembly and the ensuing elections.

If PM Khan gets a favorable verdict, elections will be held within 90 days. If the court decides against the deputy speaker, Parliament will reconvene and move a no-confidence motion against Khan, experts said.