April 07, 2022
A five-member bench of the Supreme Court, headed by Chief Justice Umar Ata Bandial, has unanimously declared the deputy speaker’s ruling to stop the no-confidence motion as well as the dissolution of the national assembly by the prime minister as contrary to the law and constitution.
The Court has also ordered for the national assembly to be restored, and for the vote of no confidence to be held on April 9.
On Sunday, the deputy speaker of the national assembly blocked the no-confidence motion against Prime Minister Imran Khan terming it a “foreign conspiracy”. Later the prime minister dissolved the national assembly and called for a fresh election. The same day the Supreme Court took up the case to decide whether the deputy speaker had the legal and constitutional authority to sidestep the no-trust move.
Legal expert Muneeb Farooq tweeted that the Supreme Court of Pakistan has risen up to the occasion and has “declared every action of April 3 as unconstitutional”.
"Thankfully, we are celebrating this order that has torn to shreds the actions of April 3. It is should be embarrassing for the ruling party for they did not conduct themselves in an honourable and graceful way."
Lawyer Salaar Khan tweeted that the constitution had won, adding that “may the doctrine of necessity forever remain six feet beneath the ground.”
Legal expert Reema Omer said on the social media website that “faith in the sanctity of the constitution” had been strengthened, adding that it was not impractical or idealistic to have this expectation from the Court.
The Election Commission of Pakistan told the Court that an election cannot be held before seven or eight months, which must have also played a role in the final decision, lawyer Kamran Murtaza told Geo News, adding that either the prime minister should resign or face the vote of no trust.
"Prime Minister Imran Khan has both options," he said.
Lawyer Asad Rahim Khan tweeted that it was a “good day for the constitution and for the sanctity of parliament”.
He added that “for the first time in almost three decades, the Supreme Court has not only held dissolution illegal but also restored parliament – ensuring none of the moral greyness we had with the Junejo-era verdict.”
Legal expert Reza Ali tweeted that the ruling PTI should follow the process to send show-cause notices to it the lawmakers from its party who have defected.
Shedding light on the judgment, lawyer Zoe Khan said that the decision of the SC today reflected "democracy at its finest".
"The beauty of today’s Supreme Court judgment is that 5 of 5 Learned Judges unanimously upheld the sanctity of the Constitution of The Islamic Republic of Pakistan. Democracy at its finest! Pakistan Zindabad," she tweeted.
Brookings Foreign Policy Fellow Madiha Afzal said that "for Pakistan, where the Supreme Court has had a checkered history — rubber-stamping coups via the “doctrine of necessity” — this is a landmark, historic judgment."