The Supreme Court of Pakistan (SCP) has “stumped” Prime Minister (PM) Imran Khan through its historic verdict on April 7. The verdict seems to have cleaned bowled Khan as the National Assembly (NA) was restored after the apex court declared the government’s decision to dissolve the assembly and NA Deputy Speaker Qasim Suri’s ruling against the Constitution. This decision is being described as a win for the Constitution of Pakistan.
In its verdict, the top court has called for convening the NA session on April 9, at 10:00am.
Court order
The apex court’s five-member larger bench — headed by Chief Justice of Pakistan (CJP) Umar Ata 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. The decision was unanimously given by 5-0 judges.
Here is what the court order has to say:
“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.”
“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”.
SC ordered for the session of NA to reconvene on Saturday, April 9 no later than 10:30am, saying that the session cannot be prorogued without the conclusion of the no-trust motion against Prime Minister Imran Khan.
Pledge to fight for Pakistan “till the last ball”: PM Khan
After the verdict was announced, PM Khan took to Twitter and said that he pledged to fight for Pakistan till the last ball.
“I have called a cabinet mtg tomorrow as well as our parliamentary party meeting, and tomorrow evening I will address the nation. My message to our nation is I have always and will continue to fight for Pakistan till the last ball.”
Government’s reaction to the decision:
Information and Law minister Fawad Chaudhry took to Twitter and said, “This unfortunate decision has exacerbated the political crisis in Pakistan.”
“Immediate elections could have brought stability to the country. Unfortunately, the importance of the people has been overlooked,” said Chaudhry.
Minister for Human Rights Shireen Mazari tweeted, “A judicial coup happened last night down to ordering how & even at what time NA session must be held, ending parliamentary supremacy!”
In another tweet, Mazari wrote, “The long shadows hanging over this judicial decision think the game has been won but frankly it has just started.”
Special Assistant to the PM Dr Shahbaz Gill said, “Our forefathers cut off their necks in 1947 and crossed the Wagah border to live in an independent country.”
“Looks like they’re back in the 1947 situation,” said Gill.
Opposition’s reaction to the SCP ruling
Reacting to the decision of the top court, the Leader of the Opposition Shehbaz Sharif tweeted, “Mubarak to all who supported, defended & campaigned for the supremacy of the Constitution. Today, politics of lies, deceit & allegations has been buried.”
Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari took to Twitter and celebrated the Opposition’s win by writing: “Democracy is the best revenge.”
Pakistan Muslim League Nawaz’s (PML-N) leader Maryam Nawaz said, “Congratulations to Pakistan for getting rid of the most incompetent and most failed government.”
Timeline of the events since April 3
The legal battle against NA dissolution raged on for five consecutive days.
April 3:
National Assembly (NA) Deputy Speaker Qasim Suri on April 3 said that the no-confidence motion, presented on March 8, should be according to the law and the Constitution. “No foreign power shall be allowed to topple an elected government through a conspiracy,” he said, adding that the points raised by the law minister about Article 5 were “valid”.
After Suri on Sunday “dismissed” the no-confidence motion against PM Khan, terming it against Article 5 of the Constitution, the legal war began. PM Khan then addressed the nation, saying he had advised President Dr Arif Alvi to dissolve the National Assembly, which the President approved.
CJP Umar Ata Bandial took suo motu of the dismissal of the no-confidence motion.
April 4:
On Monday, April 4 the CJP had remarked that the court would issue a “reasonable order on the issue”, but the hearing was adjourned after Farooq H. Naek, the counsel of PPP and other Opposition parties, presented his arguments.
April 5:
The Supreme Court on Tuesday, April 5 sought a record of the National Assembly proceedings conducted on the no-confidence motion filed against Prime Minister Imran Khan and adjourned the proceedings till April 6.
PPP Senator Raza Rabbani quoted media reports about the ECP had said it was not possible to hold general elections within three months. However, the ECP denied issuing any statement concerning elections.
April 6:
CJP Bandial on Wednesday, April 6, said, “We first want to wrap up the case on what happened in the NA on April 3,” the CJP remarked.
The chief justice said that “negative statements” are being issued against the court and it is being said that the court is delaying the matter.
April 7:
The court, in its short order, on Thursday, April 7, ruled that the deputy speaker’s ruling was “contrary to the Constitution and the law and of no legal effect, and the same are hereby set aside”.
