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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Pune accident: Porsche car's registration was pending since March due to non-payment of Rs 1,758 fee
Mumbai, May 21: The permanent registration of the luxury Porsche car involved in the accident in which two IT professionals were fatally knocked down by in Pune city was pending since March due to non-payment of Rs 1,758 fees by the owner, top officials of the Maharashtra transport department said on Tuesday.
The electric luxury sports sedan - Porsche Taycan - was being driven allegedly by a prominent builder's 17-year-old son, who the police claim was drunk at the time of the accident that took place in Kalyani Nagar area in the early hours of Sunday.
Maharashtra Transport Commissioner Vivek Bhimanwar told PTI that the Porsche car was imported in March by a dealer in Bengaluru and from there it was sent to Maharashtra on a temporary registration.
"When it was produced at the Pune Regional Transport Office (RTO), it was found that a certain registration fee was not paid and the owner was asked to pay the amount for completion of the procedure. However, the vehicle was not brought to the RTO for the completion of the registration process after that," he said.
According to officials, road tax is exempted for electric vehicles registered in Maharashtra, and hence for the registration of this Porsche Taycan model, the registration fees that were applicable were only Rs 1,758 with the break-up of Rs 1,500 hypothecation fees, Rs 200 smart card RC fees and Rs 58 postal charges.
Interestingly, as per Porsche India's website, the ex-showroom price of the vehicle manufacturer's various cars starts at Rs 96 lakh and goes over Rs 1.86 crore. Though the price of the Porsche Taycan model is not given on the website, transport department sources said that it could be in crores.
The officials said that as per their records, the vehicle had a valid temporary registration certificate issued by Karnataka with a validity of six months from March to September 2024.
They said that the Porsche dealer in Bengaluru was not at fault as he had handed over the car after doing the temporary registration. Hence, it was the responsibility of the owner to get it registered at the RTO before plying it on the roads. During the temporary registration period, the vehicles can only be used to drive to and from the RTO.
Bhimanwar said that the teenage boy, who was said to be driving the car, will be barred from getting a driving licence until he turns 25 years of age, and the luxury car will also not be allowed to register at any RTO office for 12 months as its existing temporary registration will be cancelled as per the provisions in the Motor Vehicles (MV) Act.
Under the sub-sections of Section 199A (offenses by juveniles) of the MV Act, the transport authorities can take this action.
Bhimanwar said that their department is going to take stringent action in this case and the Pune RTO has been asked to register the police complaint for violation of provisions in the MV Act
"Whatever violations related to the Motor Vehicles Act happened in the issue, those will be registered in the FIR," Bhimanwar said, adding that they will also invoke the procedure for cancellation of the temporary registration of the vehicle as per the provisions in the act.
"The vehicle will be impounded for 12 months," another top official of the transport department said, adding that there is gross negligence in this case as the vehicle was driven at a speed over 160 kmph, allegedly in an inebriated state as per media reports.
The official said that there are several violations in this case, including driving the vehicle without a driving licence and without its registration, among others.
Meanwhile, Maharashtra Deputy Chief Minister and Home Minister Devendra Fadnavis said in a press conference in Pune this evening that the car was purchased in Bengaluru and was brought here.
"As per the primary information, the RTI had carried out its inspection but the tax which was required to be paid was not paid. If there is any violation regarding that, a separate FIR will be registered," he said.
