In a unanimous decision, the Supreme Court set aside a deputy speaker’s ruling to dismiss the no-trust resolution against Prime Minister Imran Khan and the subsequent dissolution of the National Assembly on the PM’s advice.
Ultimately, the court ruled that the deputy speaker’s ruling was “contrary to the Constitution and the law and of no legal effect, and the same are set aside”.
President Dr. Arif Alvi’s decision to dissolve the National Assembly was also ruled in contravention of the Constitution and the law, noting that the prime minister couldn’t have advised the president to dissolve the assembly due to the bar imposed under clause (1) of Article 58 of the Constitution, the court ruled.
“It is further declared that the [National] Assembly was in existence at all times, and continues to remain and be so,” the short order reads.
The court’s ruling restored the prime minister and his cabinet to their positions. As a result of the above, it is declared that the prime minister, federal ministers, ministers of state, advisers, etc are restored to their respective offices.”
The Supreme Court ordered for the session of the National Assembly to reconvene on Saturday morning, saying that the session cannot be prorogued without the conclusion of the no-trust motion against Prime Minister Imran Khan.
“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 declared.
The chief justice said the verdict was announced with a unanimous agreement of 5-0 after the judges consulted each other. “The current issues are over,” he said.
The verdict said that the government could not interfere in the participation of any MNA in the assembly session.
The court stated that the current order would not impact the proceedings under Article 63 of the Constitution.
“It is, however, clarified that nothing in this short order shall affect the operation of Article 63A of the Constitution and consequences thereof in relation to any member of the Assembly if he votes on the Resolution or (if such be the case) the election of a Prime Minister thereafter in such manner as is tantamount to his defection from the political party to which he belongs within the meaning of the said Article,” the verdict reads.
Leader of the Opposition in the National Assembly Shehbaz Sharif, while talking to the media after the verdict, said the court had “definitely fulfilled the people’s expectations”