Supreme Court not yet convinced to interfere in NA proceedings: CJP Bandial

ISLAMABAD: Chief Justice Pakistan Umar Ata Bandial on Monday said Supreme Court has not yet been convinced to interfere in the proceedings of the National Assembly.

The CJP's remarks came during the hearing of a petition filed by the Supreme Court Bar Association (SCBA) seeking the court's intervention to prevent "anarchy" as the government and Opposition have announced to hold rallies in Islamabad.

During the hearing, Justice Bandial said the Supreme Court of Pakistan wants to protect everybody’s voting rights.

After hearing the arguments by the SCBA counsel regarding the delay in the voting on the no-confidence motion, which was submitted on March 8, the CJP said that “these are the internal matters of the assembly,” adding that it would be better to fight these battles in the NA.

During the hearing, three bigwigs of the Opposition — PML-N President Shahbaz Sharif, PPP Chairman Bilawal Bhutto-Zardari and JUI-F chief Maulana Fazlur Rehman — were also present in the courtroom.

The petitioner’s lawyer highlighted that under Article 95, the speaker of the National Assembly has to summon a session within 14 days from the time when the no-confidence motion is filed.

The CJP asked the association what is the problem with the no-confidence motion, observing that the petitioner’s lawyer has not come prepared.

Regarding the voting on the no-confidence motion, CJP Bandial said that the SCBA wants the lawmakers to have the choice to vote for whomever they want.

However, he said, the question is whether the personal choice of an MNA can differ from the party policy.

SCBA's lawyer argued that all the MNAs should have the right to vote freely. At this, Justice Muneeb Akhtar inquired about the article under which lawmakers can vote freely.

Responding to the query, the SCBA's lawyer said that the MNAs elect the speaker and other officials of the assembly under Article 91.

“If somebody is casting their vote how can somebody say that it is not their right to vote,” Justice Akhtar said, asking the SCBA on which article the body has based its case.

‘Ashamed on Sindh House incident’

Regarding the Sindh House incident, the IG Islamabad Police told the court that the JUI-F workers also tried to go towards the Sindh House, however, they were stopped near Balochistan House.

“We are ashamed on the attack,” the IGP said.

Talking about the incident, Attorney General Khalid Javed Khan said that orders have been issued to the police and concerned authorities to investigate the Sindh House incident.

The CJP reiterated that the real issue is stopping the MNAs from voting, saying that the case was heard on Saturday to urge everybody to act according to the Constitution.

Meanwhile, the AGP added that the public will not be allowed to enter the Red Zone area during the assembly session.

“We have full confidence in you,” the CJP said to AGP.

The attorney general urged the government and the Opposition to express their disagreements politely.

Meanwhile, CJP Bandial said that a larger bench will be formed on the presidential reference, and ordered a hearing on it from March 24.

He further said that all parties should submit their responses in writing regarding the reference.

'Collective right'

Highlighting relevant laws for voting, Justice Munib Akhtar said that Article 17 is regarding the formation of political parties. He said that under Article 17, the rights belong to political parties while according to Article 95, the right to vote belongs to political parties.

He further added under Article 95(2) individual votes have no legal status, highlighting that votes are considered collective right after inclusion in a political party.

‘NA session in accordance with law’

After the hearing today, Minister for Information Fawad Chaudhry said the war waged against corrupt elements will be taken to the logical conclusion.

Talking to the media persons along with Minister for Energy Hammad Azhar and Adviser on Parliamentary Affairs Babar Awan, he said the Supreme Court's opinion on Article 63-A has been sought by the government.

He said Prime Minister Imran Khan is standing firm.

“The party also afforded an opportunity to the dissident members to return.”

The minister said that the media cell of PML (N) is involved in a propaganda campaign against the army to create a wedge between the government and the military.

Babar Awan in his remarks said that the speaker has summoned the session of the National Assembly on 25th March in accordance with the constitution. He reminded that the lower house had unanimously passed a motion, providing the assembly hall for the session of the OIC.