Pak SC strikes down deputy speaker's decision; restores assembly, orders vote on no-trust motion
Islamabad, Apr 7: In a body blow to Imran Khan, Pakistan's Supreme Court on Thursday unanimously struck down a controversial ruling by the deputy speaker on the rejection of a no-confidence motion against him and ordered restoration of the National Assembly, saying the prime minister's move to dissolve Parliament and call early elections was "unconstitutional"
In a landmark verdict, a five-member bench headed by Chief Justice Umar Ata Bandial 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."
"The deputy speaker gave a ruling on April 3. Leave was granted on the no-confidence motion on March 28. The ruling of the speaker is declared unconstitutional," Justice Bandial said.
The court declared the advice by Prime Minister Khan to President Arif Alvi to dissolve the national assembly as unconstitutional."
The bench comprising Justices Ijazul Ahsan, Mohammad Ali Mazhar Miankhel, Munib Akhtar and Jamal Khan Mandokhel also restored Prime Minister Khan, Federal Ministers, Ministers of State, Advisers, etc to their respective offices as on April 3.
The court ordered the speaker of the lower house to call the session of the national assembly on April 9 at 10 am (local time) to organise a no-confidence vote. It ordered the election of the new prime minister if the no-confidence motion succeeded.
The opposition parties need 172 members in the 342-member house to orchestrate the downfall of Prime Minister Khan and already they showed the support of more than the needed strength.
Ahead of the ruling, security in and around the apex court was beefed up. Riot police was deployed outside the court building.
Deputy Speaker Suri, who is associated with Khan's Pakistan Tehreek-e-Insaf party, on April 3 dismissed the no-confidence motion against the premier claiming that it was linked with a "foreign conspiracy" to topple the government and hence was not maintainable. Minutes later, President Alvi dissolved the National Assembly on the advice of Prime Minister Khan who had effectively lost the majority.
The court, which had taken suo motu action hours after Suri's move, had reserved the judgment at the conclusion of the case in the afternoon after five-day consecutive hearing.
Leader of the Opposition in the National Assembly and Pakistan Muslim League-Nawaz (PML-N) leader Shehbaz Sharif said the court had "definitely fulfilled the people's expectations".
"The court has strengthened its prestige and independence through this verdict. The court also strengthened the parliament and its honour," he said.
Pakistan Peoples Party (PPP) leader Bilawal Bhutto Zardari said the Supreme Court's verdict was a "victory for democracy and the Constitution".
"Pakistan's institutions and its Constitution have been safeguarded. God willing, the process of no confidence will now be completed and we will conduct electoral reforms and head towards clean and transparent elections," he said.
Maulana Fazlur Rehman, chief of Jamiat Ulema-i-Islam Fazl (JUI-F), welcomed the court's decision, calling it a victory of justice and constitution. "Tomorrow will be observed as thank-giving day," he said.
Reacting to the verdict, Information and Broadcasting Minister Fawad Chaudhry expressed his regret and disappointment, terming the verdict "unfortunate".
"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. Let's see how things go now," he tweeted.
Earlier, the chief justice during the hearing said that the April 3 ruling was erroneous. "The real question at hand is what happens next," he said.
He also asked PML-N counsel Makhdoom Ali Khan and the Attorney General Khaled Javed Khan for guidance on how to proceed. "We have to look at national interest," he said.
During the hearing, Chief Justice Bandial noted deputy speaker's ruling is, prima facie, a violation of Article 95.
Various lawyers appeared in the court to plead in the complex case. Naeem Bokhari represented deputy speaker Suri, Imtiaz Siddiqui appeared for Prime Minister Khan, Ali Zafar represented President Alvi and Attorney General Khaled Javed Khan represented the government.
Babar Awan appeared on behalf of the Pakistan Tehreek-e-Insaf party, Raza Rabbani for Pakistan Peoples Party and Makhdoom Ali Khan for Pakistan Muslim League-Nawaz.
Apart from leading lawyers representing various parties, the court also called at the rostrum Shehbaz Sharif and asked about his view on the way forward in the wake of uncertainty due to dissolution of assembly and announcement of fresh elections.
Shehbaz said how the opposition leaders can take part in the election after being labelled as "traitors". He left it to the court to decide but urged that rule of law should be adhered to and added that we cannot face even our families after being called as traitors .
He was referring to the ruling by the deputy speaker that the no-confidence motion was linked with a so-called "foreign conspiracy".
The court also heard PPP chairman Bilawal who asked the bench that the opposition would bring necessary reform in the electoral laws before going for elections.
During the hearing, the chief justice repeatedly reminded the lawyers to conclude their arguments at the earliest to let the bench issue an order.
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Bengal: On way to PM's rally, 3 mowed down by train amid dense fog
Kolkata (PTI): Three persons died and three others were injured after being hit by a train amid dense fog on Saturday, while travelling to attend Prime Minister Narendra Modi's rally at Taherpur in West Bengal's Nadia district, a senior official said.
The incident occurred between Taherpur and Badkulla railway stations under the Sealdah-Krishnanagar section of Eastern Railway, he said.
Modi, whose helicopter could not land at Taherpur due to dense fog and low visibility, condoled the death of the “BJP workers” in his virtual address from Kolkata airport.
“I have come to know that some BJP workers, while travelling to the rally, lost their lives in a rail accident. My condolences are with the families of those who have lost their loved ones, and I pray for the speedy recovery of the injured,” Modi said.
The Eastern Railway official told PTI that the incident occurred in the morning when these people, who were travelling by a bus, had stopped the vehicle and walked to the railway tracks to answer nature's call.
"While three persons died on the spot, two others with injuries were admitted to a local hospital," he said.
Another person with minor injuries was released after having been administered first aid, the official said.
The deceased have been identified as Ramprasad Ghosh (74), Shaktipada Sutradhar (55) and Gopinath Das (38).
Meanwhile, Mahua Moitra, Trinamool Congress MP from Krishnanagar constituency in Nadia district, alleged that the BJP ignored the incident and went ahead with the rally.
"Terrible tragedy hushed up at altar of @narendramodi ego. @BJP4India supporters brought from far Murshidabad for PM rally in Ranaghat today," she said in a post on X.
"4 went to answer nature's call and were killed by 31814 down local train near Taherpur. BJP ignored, blacked out & went ahead with rally," Moitra claimed.
Reacting to her remarks, the West Bengal BJP, in a post on X, asserted that the TMC "has always been adept at milking tragedies", and was being "disrespectful to the unfortunate victims of this tragedy".
The TMC alleged that BJP leaders have not shown "neither concern nor compassion" over the mishap.
"The loss of three lives in Taherpur should have united everyone in grief. But @BJP4India leaders showed neither concern nor compassion," it said in another post on X.
"At this painful moment, Smt @MamataOfficial and Shri @abhishekaitc put humanity above party lines and stood beside the families of the deceased," the party said.
TMC’s on-ground leaders promptly reached out to the grieving family members, ensuring them of help and assistance, it said.
"While Delhi’s rulers chase Bengal with arrogance, our leadership chose empathy. This is the difference between politics of power and politics of people!" the TMC added.
