Pak SC restores
Parliament and govt,
no-trust vote today, full
bench unanimous decision

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ISLAMABAD: The Supreme Court of Pakistan on Thursday declared the ruling by Deputy Speaker National Assembly “unconstitutional” and ordered the restoration of the National Assembly and the Cabinet, besides asking the house to meet on Saturday to proceed with the vote of no-confidence.

CJP Umar Ata Bandial

A short order signed by the five-member bench of the Supreme Court said the ruling of the Deputy Speaker of the National Assembly given on the floor of the House on 03.04.2022 regarding the resolution for a vote of no-confidence against the Prime Minister under Article 95 of the Constitution has been declared to be contrary to the Constitution and the law and of no legal effect, and have been set aside.

The judgement was signed by Chief Justice, Justice Umar Ata Bandial, Justice Ijaz-ul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhai.

The short-order said 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. It also declared that the Order of the President issued on or about 03.04.2022 dissolving the Assembly was contrary to the Constitution and of no legal effect and has been set aside.

LONDON: Former Prime Minister Nawaz Sharif, former Finance Minister Ishaq Dar and other PML.N leaders and journalists are watching news of Supreme Court on Thursday.

“It is further declared that the Assembly was in existence at all times, and continues to remain and be so.”

The order also directed the Speaker to summon and hold a sitting of the Assembly in the present Session, “and shall do so immediately and in any case not later than 10:30 a.m. on Saturday 09.04.2022, to conduct the business of the House as per the Orders of the Day that had been issued for 03.04.2022 and in terms as stated in, and required by, Article 95 of the Constitution read with Rule 37 of the Rules of Procedure and Conduct of Business.”

The judgement declared that “all actions, acts or proceedings initiated, done or taken by reason of, or to give effect to, the aforementioned Order of the President and/or for purposes of holding a General Election to elect a new Assembly, including but not limited to the appointment of a caretaker Prime Minister and Cabinet are of no legal effect and are hereby quashed.”

The Supreme Court declared that the Prime Minister and Federal Ministers, Ministers of State, Advisers, etc stand restored to their respective offices as of 03.04.2022. It also declared that “the Assembly was at all times, and continues to remain, in session as summoned by the Speaker on 20.03.2022 for 25.03.2022 (“Session”), on the requisition moved by the requisite number of members of the Assembly on 08.03.2022 in terms of clause (3) of Article 54 of the Constitution. Any prorogation of the Assembly by the Speaker prior to its dissolution in terms as stated above is declared to be of no legal effect and is set aside.”

ISLAMABAD: Supporters of opposition parties celebrate as Supreme Court restores NA.

The Pakistani Supreme Court on Thursday said the dissolution of the National Assembly last week by the Prime Minister Imran Khan-led government and a ruling by the deputy speaker not to allow voting on a no-confidence motion against the premier were both “unconstitutional,” ruling that the speaker call a session on Saturday and hold the vote.

The closely-watched verdict solves a constitutional wrangle that has plagued the country since Sunday, when the deputy speaker of the National Assembly, Qasim Suri, disallowed a no-trust vote that would have likely seen Khan booted from office. He used Article 5 of the constitution, which deals with loyalty to the state, to make his case, saying the motion was unconstitutional because it was part of a “foreign conspiracy.”
The president then dissolved the lower house of parliament on Khan’s advice. But in a unanimous decision, the Supreme Court said the deputy speaker’s Sunday ruling was “contrary to the Constitution and the law and of no legal effect.”
The court said the subsequent dissolution of the National Assembly was therefore also unconstitutional.