ISLAMABAD:The Supreme Court of Pakistan on Thursday nullified the National Assembly Deputy Speaker Qasim Suri’s ruling on the no-confidence motion against Prime Minister Imran Khan, restored the National Assembly and ordered Speaker to hold voting on the no-trust move on Saturday, April 9.

The SC five-member larger bench, headed by Umar Ata Bandial and comprising Justice Muneeb Akhtar, Justice Aijazul Ahsan, Justice Mazhar Alam, and Justice Jamal Khan Mandokhel resumed its hearing on the suo moto notice on the fifth consecutive day and announced a unanimous historic verdict of all judges, which has been widely hailed by almost all segments of the society.

The Chief Justice announced that the deputy speaker’s ruling is null and void and clarified that prime minister did not have the right to advise the president to dissolve the assembly. He further said that all the decisions made till date have been nullified.

The apex court retained the opposition’s no-trust motion against PM Khan. The Supreme Court ruled that the deputy speaker’s ruling was a violation of the Constitution. It also nullified the dissolution of the National Assembly. The SC also ordered the reinstatement of the prime minister, the federal cabinet.

Earlier, Opposition Leader in the National Assembly Shahbaz Sharif told the court that if the court acknowledges that the ruling of the deputy speaker was “erroneous”, then it should restore Parliament.

Shahbaz further highlighted that if the deputy speaker’s move was unconstitutional then decisions taken by PM Imran Khan with the help of President Arif Alvi are also insignificant. Shahbaz said that the election had been stolen and laws of the Constitution had been violated.

Special security arrangements were made in and around the Supreme Court (SC) building. The doors of courtroom number 1 were locked prior to the announcement of the verdict. Heavy contingents of police, commandoes and Rangers were deployed outside the SC.

The opposition parties have welcomed the Supreme Court’s decision and praise the judiciary for ensuring the supremacy of the constitution. JUI chief Fazlur Rehman with Shehbaz Sharif addressed a press conference to express their gratitude to the top court for annulling the ruling. In a brief response, they said the top court ruling ensured sovereignty.

Pakistan People’s Party (PPP) Chairperson Bilawal Bhutto has welcomed the top court order to annul the deputy speaker’s ruling and restore the assembly. Bilawal greeted the nation on this achievement. “Democracy is the best revenge. Long live Bhutto, Pakistan Zindabad!, he said in response to the SC verdict.

Earlier Days proceedings

In earlier proceedings of yesterday and other days, CJP Bandial remarked that the case was that of the violation of Article 95 and where there is a violation of the constitution, the Supreme Court can intervene. However, the chief justice said, that the Supreme Court respected the sanctity of the parliament. The CJP while listing his queries asked Babar Awan, counsel for the ruling PTI, to defend the ruling, but in the light of the constitution.

The top judge remarked did the deputy speaker have the authority to give a ruling by ignoring the agenda and also without consulting the members. Could the speaker pronounce a ruling setting aside the constitutional process, the CJP asked.

Justice Bandial went on to ask what was the material on the basis of which Qasim Suri gave the ruling, and did he do so without bringing forth the facts? Justice Bandial also made it clear that before pronouncing verdict in the case, the court wanted to know what was the ‘conspiracy’ which prompted the deputy speaker to give the ruling.

He also sought from Awan the minutes of the National Security Committee (NSC) and Parliament’s Security Committee meetings. When PML-N’s lawyer pointed out to the court that situation in Punjab was not good either as voting for the election of provincial chief minister was being delayed, the CJP replied that the court would look into it in the end.

Babar Awan, counsel for the ruling PTI, argued that the case under review was not that of basic human rights, and it was incumbent upon each and every citizen to be loyal to the state. Awan said that lawyers representing the opposition parties had told the court that the deputy speaker’s ruling was unconstitutional and was given with a mala fide intent. PTI’s lawyer said although they all prayed to the court to interpret articles 95 and 69 of the constitution, but none uttered a word on the interpretation of article 63-A.

Babar Awan said that the constitution of Pakistan was different from other constitutions of the world since it was based on the Islamic ideology, which became the basis of two-nation theory, which ultimately resulted in the creation of Pakistan. He objected that all the political parties are a party in this case except for MQM-P, PTM, Balochistan Awami Party and Jamaat-e-Islami and Rah-e-Haq party.

He further said that the case is whether the NA speaker’s act was illegal. The political parties maintain that they have been declared traitors under Article 5 of the Constitution. The court was asked to interpret Article 2, he added. He said that “The court has been told that the deputy speaker’s ruling is malicious and unconstitutional. On the other side they have been termed traitors under Article 5.”

At this, CJP Bandial said that no one has been termed a traitor in regard with Article 5 but the action taken under Article 5 has been stated as treason. He said that the Constitution is such a document in which the clauses and sections are read together. Chief Justice Bandial said that no article can be seen separately but Article 95 have a special motive.