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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IAF personnel acquitted in POCSO case after minor says 'assault' was in a dream
Kanpur (UP), Mar 11 (PTI): A special court here has acquitted an Indian Air Force personnel accused of molesting his minor sister-in-law after the complainant revealed that the alleged incident was only a dream and her raising an alarm was a misunderstanding, officials said.
The case was registered at the Naubasta Police Station on August 3, 2019, based on a complaint by a 15-year-old girl who alleged that her brother-in-law, Anurag Shukla, had molested her earlier that year while she was asleep.
According to the FIR, the alleged incident took place on the night of March 8, 2019, when the girl was staying at her sister-in-law's house in Khadepur under Naubasta police station limits.
During the trial, however, the girl told the court that she had been on antibiotics and was in a semi-conscious state that night and had "felt in a dream" that Shukla had grabbed and molested her, following which she woke up frightened and raised an alarm, defence counsel Karim Ahmad Siddiqui told PTI on Tuesday.
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Her father, Vijay Tiwari, and elder sister, Shivani Tiwari, who is married to Shukla, also told the court that the complaint had been filed under a misunderstanding.
Shukla had married Shivani Tiwari on February 10, 2019. At the time of the alleged incident, he was living in Khadepur and has since shifted to Bithoor.
Speaking to PTI, Shukla said he was arrested on September 29, 2019, and spent 19 days in jail before being granted bail on October 17 that year.
A chargesheet was subsequently filed, and the special court framed charges in November 2019 under provisions of the Protection of Children from Sexual Offences Act, including molestation and sexual assault of a minor.
During the trial, the complainant retracted her earlier allegations.
Taking note of her testimony and statements of family members acknowledging the misunderstanding, the special court presided over by Judge Rashmi Singh acquitted Shukla of all charges on March 7, holding that the prosecution had failed to prove the case beyond a reasonable doubt.
Shukla told PTI that the case caused him severe mental stress and harmed his social reputation and career prospects. He claimed he could not secure a promotion to the rank of corporal in the IAF in 2020 and continues to serve as a leading aircraftman.
