Supreme Court declares deputy speaker’s ruling null and void, restores National Assembly
WEB DESK
In a setback for Pakistan Prime Minister Imran Khan, the country’s Supreme Court today set aside the rejection of the no-confidence motion moved by the Opposition against his Pakistan Tehreek-e-Insaf (PTI) government in the National Assembly.
A five-judge bench of the Pakistan Supreme Court has delivered a unanimous verdict, terming the National Assembly Deputy Speaker’s decision to dismiss the no-confidence motion against the Imran Khan government as unconstitutional. The bench has ordered the reinstatement of the National Assembly in contravention of President Arif Alvi’s decision to dissolve the lower house of Pakistan’s Parliament.
In addition, opposition parties have been granted permission to hold the no-confidence motion against the Imran Khan government. The Court has ordered voting on no-trust motion on April 9. The Supreme Court has also declared the order of fresh elections as ‘null and void’.
“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.
“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 the 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 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