Why should Suri not be tried for treason: CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday observed that former National Assembly deputy speaker Qasim Suri blocked the constitutional process, so why should he not be tried for the crime of high treason.

A three-member bench of the Supreme Court headed by CJP Isa heard the appeal of Qasim Suri against Election Tribunal verdict de-notifying his victory during 2018 election.

The court after hearing the arguments of Naeem Bukhari, counsel for Qasim Suri, and counsel for Nawabzada Lashkari Raisani, adjourned the matter for a month, summoning Suri and also seeking his written reply with his signature on the next date of hearing.

The court also issued notice to the Supreme Court ex-registrar.

During the course of hearing, CJP Isa, while taking exception to the case not being listed for five years while Suri enjoyed the perks and position of a deputy NA speaker, questioned as to why the court should not take serious action for treason against the former deputy speaker and PTI leader in the disqualification case.

Justice Isa remarked that “for a special purpose”, this case was merged with other cases, the court will also conduct an “institutional level inquiry” into the matter.

As per the case facts, the Election Commission of Pakistan (ECP) had notified PTI candidate Suri as winning candidate from his constituency NA-266, Quetta, during general elections in 2018.

Nawabzada Lashkari Raisani his rival candidate of Balochistan National Party had filed an election petition against him in the Election Tribunal on allegations of election rigging.

On September 27, 2019, the Election Tribunal consisting of Justice Abdullah Baloch declared the elections null and void and ordered the ECP to de-notify Suri’s victory and issue a new election schedule in the constituency.

Later on, Suri filed an appeal against the Election Tribunal verdict in the Supreme Court and a three-member bench of the apex court headed by former Chief Justice Umar Ata Bandial had suspended the tribunal order.

On Tuesday during the hearing, CJP Isa remarked that the Supreme Court has been used as an institution, and this series of manipulation with the Supreme Court system should end now.

“It is the institution of all of us, its destruction is the destruction of all,” he added.

“Your client used the Supreme Court by taking an injunction from the Supreme Court and then the case was not allowed to be decided,” the CJP told Naeem Bukhari.

Justice Isa observed that some tactics had been used to prevent the case from being fixed. He said that some hands have entered the Supreme Court to determine which case should be fixed for hearing and which one should not be fixed.

“We are stopping all this now, and if something went wrong, then we will hold the entire election of 2018,” the CJP remarked.

“This is the same person who presided over the session of the National Assembly on the issue of no-confidence and blocked the constitutional process, right?

“Why not tell him to be tried for the crime of high treason, whoever violates the Constitution, should face the consequences,” Justice Isa told Bukhari.

The counsel for Suri took the position that due to the expiry of the term of the National Assembly, this matter has become ineffective, so this appeal should be disposed of.

However, counsel for Lashkari Raisani who appeared on the video link argued that if the case is disposed of on the ground of ineffectiveness, then the decision of the Election Tribunal will automatically be restored.

The counsel contended that the appellant (Suri) will have to return the financial benefits and privileges received as a member of the National Assembly and Deputy Speaker, because he held this position illegally.

Naeem Bukhari, however, submitted that the tribunal had ordered to hold a re-election in this constituency, but his client had resigned, on which the chief justice inquired why he had filed the appeal here when he had resigned.

Justice Isa said that he had not been a National Assembly member since September 27, 2019, after the decision of the Election Tribunal, but the injunction of the Supreme Court was used and the job was withdrawn.

“Now he is saying that I had resigned. The court will not leave the matter like this, after serving the entire period and getting benefits and financial benefits,” the CJP remarked, adding that it could not be said that the matter had become infructuous.

Naeem Bukhari told the court that Suri had resigned as a member of the National Assembly on April 16, 2022. He said that 27th of January, 2020 was fixed and it was combined with other cases of this nature.

The CJP inquired why was it combined with other cases. “Where is the order, it is not in the record.”

Naeem Bukhari said that it was not his job why it was combined with the rest of the cases.

On which the chief justice said that without the request of the lawyer, the case is not combined with other cases. “The lawyer points out that the legal point of his case and other cases are the same, so they are all heard together.”

Justice Isa remarked that this case was combined with other cases for a special purpose, the court will also conduct an institutional level inquiry into the matter.

Naeem Bukhari said that the other cases were also from Balochistan province probably because of that it was decided to hear all of them together.

The CJP said that he had been in legal profession since 1982 but the matter had come under observation for the first time.

Naeem Bukhari said that he had also been in legal profession since 1972 and this was the first time he was hearing that.

“But if you are saying that I had connected the case with other cases, then I strongly deny it,” Suri’s counsel told the chief justice.

Later, the court summoned Suri on the next date of hearing and adjourned the matter for a month.