Islamabad: On Thursday, the National Assembly passed a resolution rejecting the Supreme Court’s “minority” ruling that Punjab’s election. Supreme court’s ruiling was that elections should be held on May 14.
With the resolution, MPs prevented the prime minister and federal cabinet from implementing the judgement and urged the top court to convene a full court to review the “rewriting” of the Constitution under Article 63-A.
“Undue judicial interference” in politics worried the lower house. The parliamentarians claimed that the top court’s latest ruling was causing political instability and leading to federating unit disintegration.
The resolution, moved by Balochistan Awami Party’s Khalid Magsi, stated that the house believed holding general elections nationwide at the same time would solve all Pakistan’s problems and restore political and economic stability.
“Parliament rejects the three-member minority bench’s decision and declares the majority bench’s decision effective as per the Constitution and law,” it said.
It said the “minority has imposed on the majority”.
The three-member SC bench of Chief Justice of Pakistan Umar Ata Bandial, Justice Ijazul Ahsan, and Justice Munib Akhtar ruled on the PTI’s plea contesting the ECP’s decision to postpone the Punjab Assembly votes till October 8.
The chief justice deemed the ECP’s decision “unconstitutional” and ordered Punjab elections on May 14.
The government again used parliament to oppose the Supreme Court order.
The judgement followed the National Assembly’s March 28 resolution, which upheld the supreme court’s four-member bench’s suo motu case decision.
The Resolution
The resolution asked that the four SC judges’ ruling be implemented. The higher judiciary refrain from political and administrative intervention.
The resolution said that most quarters wanted a full court. But its not accepted and just one political party heard by the court.
“Completely ignoring this clear resolution of parliament and the majority decision of the four judges of the Supreme Court. The three-member particular bench imposed a minority opinion, which is also a violation of the traditions, precedents, and procedures of the Supreme Court,” it stated.
The NA voiced severe concern over “the misinterpretation of Article 63-A of the Constitution and its rewriting by the Supreme Court judgement” in the resolution.
That sought a SC full court review.
The government’s appeal against the high court’s May 2022 judgement, which determined by a 3-2 majority that defecting MPs’ votes could not be counted, was still pending.
Last year’s top court ruling changed Punjab’s government.
24 PTI dissident MPAs voted for Punjab chief minister Hamza Shehbaz. Nonetheless, the SC judgement on the presidential reference seeking Article 63-A interpretation allowed PTI nominee Chaudhry Parvez Elahi to become Punjab CM.
The resolution also expressed concerns about the CJP “disregarding” a decision by Justice Qazi Faez Isa-led three-member bench, which had ordered a halt to all suo motu hearings while hearing a case examining the granting of additional 20 marks to Hafiz-e-Quran pre-medical candidates for admission to MBBS/BDS courses.
Isa’s Ruiling
Following the SC registrar’s circular dismissed it, the CJP assembled a six-member bench that overruled Judge Isa’s ruling and “closed” the matter in five minutes.
The NA resolution strongly opposed the circular and the six-member bench’s formation and endorsed Judge Isa’s ruling.
The resolution endorsed Judge Isa’s decision not to hear Article 184(3) cases until the SC Rules amended.
The House found that the SC’s actions violated top court rulings.
Prime Minister Shehbaz Sharif attended briefly and left after the resolution passed.
Shazia Marri in Parliament
Federal Benazir Income Support Programme Minister Shazia Marri said the NA respected courts.
She emphasised that the courts should recognise the “trichotomy of power” and respect every institution.
Ms. Mari said the country needed prosperity and peace, not democracy and party manipulation.
She called PTI chairman and deposed PM Imran Khan a “narcissist” who loved himself more than his family.
Public Accounts Committee Chairman Noor Alam Khan urged the CJP to audit the SC. He added that unlike other institutions, the highest court had no audit and wages enhanced without law.
Opposition leader Raja Riaz said the PTI-led administrations abolished Punjab and K-provincial P’s assemblies to appease Imran’s ego.
He said he delighted to have started the no-confidence motion for calling “a spade a spade”.
While, PTI MNA Mohsin Leghari rejected the resolution, saying he was not given a chance to speak.
He claimed the Constitution forbade the House from criticising the court.
Moreover, He stated that the MNAs were committing contempt of court by setting such a bad precedent.
“The cases being heard by the courts cannot be discussed here,” he added.
The speaker said that the House might discuss previously settled instances.
Leghari said the Constitution should allow the NA to discuss judges if the judiciary had to be discussed.
