CJP Justice Umer Ata Bandial wants MNAs protected as per constitution

ISLAMABAD: The Supreme Court on Saturday ordered that members of the National Assembly and institutions should be protected as per the Constitution.

It also declared the Sindh House storming against the freedom of expression and the right to protest. It sought a report from the Islamabad Inspector General of Police on the incident and action taken against the accused.

A two-member bench of the apex court comprising Chief Justice Umer Ata Bandial and Justice Muneeb Akhtar heard the petition of the Supreme Court Bar Association seeking its direction to restrain political parties from holding public meetings in Islamabad ahead of voting on a no-confidence motion.

The court also issued notices to the ruling Pakistan Tehreek-e-Insaaf, PMLN, JUIF, Balochistan National Party (Mengal) as well as Awami National Party, the respondents in the petition for their assistance in this matter to ensure a smooth, lawful and peaceful completion of the process of a no-confidence motion under Article 95 of the Constitution.

The court in its order noted down that a no-confidence motion is a non-legal matter which does not relate to its jurisdiction. “Insofar as the political aspect of the proceedings under Article 95 of the Constitution is concerned, that is a non-legal matter which does not relate to jurisdiction of this court”, the CJP said.

“With respect to the proceedings under Article 95 of the Constitution being conducted in accordance with the Constitution and the law, except the incident of the last evening, there is presently nothing before us that invites our attention either in the public interest or on account of the violation of constitutional principles”, says the order.

The court further noted that the said political process involves certain political parties, adding it is important that the political parties, which are not before us presently, be issued notices for rending their assistance in the matter.

Accordingly, notices be issued to the Pakistan Tehreek-e-Insaf, Pakistan Muslim League (N), Pakistan People's Party, Jamiat Ulema-e-Islam (F), Balochistan National Party (Mengal) and Awami National Party. through their respective secretaries-general, who shall be heard only through their counsel on their behalf”, says the order of the court.

The court adjourned the matter until March 21, holding that it would hear the matter after a presidential reference was filed under Article 186 of the Constitution. “To come up for hearing of this petition along with a reference, if any, that is filed under Article 186 of the Constitution on March 21, 2022m at 1pm”, says the order.

Supreme Court Bar Association President Ahsen Bhoon had a filed a petition in the Supreme Court praying the court to direct all the sate functionaries to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law.

The court had fixed the matter for March 21 after issuing notices to the attorney general, Islamabad IGP as well as additional interior secretary. However, the matter was urgently heard Saturday (March 19) after the incident of Sindh House had happened in the federal capital.

Petitioner Ahsen Bhoon read out in the court the first prayer in his petition seeking direction of the court to all the state functionaries to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law.

The storming of the Sindh House situated in the Red Zone was mentioned to the court. Similarly, Attorney General Khalid Javed was candid enough to express deep regret, particularly the resort to violence by the protesters who caused damage to and pulled down the gate of the Sindh House”, the court noted in its order

The learned AG informed the court that a FIR No.179 of 2022 dated March 18, 2022, about the said occurrence was lodged by the SHO of Police Station Secretariat, Islamabad, under Sections 149, 147, 188, 186 and 427 of PPC followed by the arrest of 13 persons.

He told the court that the offences mentioned above were all bailable and this morning all the accused persons had been released on bail by the Executive Magistrate, Islamabad. The AG further informed the court that the federal government was filing a reference under Article 186 of the Constitution of the Islamic Republic of Pakistan ("Constitution") seeking delineation of the scope and meaning of certain provisions contained in Article 63A of the Constitution.

“The petitioner, Supreme Court Bar Association, is before us in aid of public interest to ensure that the rights of parliamentarians are exercised in accordance with the Constitution and the law”, says the order.

The Attorney General for Pakistan also assured the court of the federal government's commitment to the process under Article 95 of the Constitution to be followed strictly in accordance with the law.

“Whilst expressing his regret on behalf of the federal government about the events that took place last evening, he affirms the government's resolve for the law to take its course with respect to the offences that were committed during the said incident”, says the order.

Earlier, at the outset of the hearing Chief Justice Umer Ata Bandial clarified that the court had not taken a suo moto notice but was hearing the petition of the SCBA. The CJP observed that the prayer of the petitioner was in political perspective, adding the court was to adhere to the Constitution not political perspective of the country.

Regarding the government's decision to seek the court's opinion on Article 63(A), Justice Bandial said the SC would hear the matter after the presidential reference was filed. “If so, the court can club both the SCBA petition as well as the Presidential Reference”, the CJP told the AG.

The CJP further observed that the Bar association wanted implementation of Article 95 of the Constitution as well as maintaining law and order. The CJP observed that they had witnessed an incident which was against the freedom of expression and the right to protest.

“Whatever is going on, we have nothing to do with it but we are here to implement the Constitution in letter and spirit”, the CJP remarked. “Whether attacking a state building is also a bailable offence”, the CJP asked the AG, adding that political process should be held in accordance with the law and Constitution.

The CJP further observed that both the parliamentarians and state buildings should be protected in accordance with the Constitution.

Attorney General Khalid Javed, however, submitted that some of the ruling PTI lawmakers were in Sindh House who had ignited the situation that had resulted in rising the political temperature and finally led to the attack on the Sindh House.

The AG further submitted that people did have right to stage peaceful protests but there was also no justification for violence and violation of law. The CJP then asked the AG to file a President Reference by Sunday (today) so that it could be heard with the petition of SCBA on March 21.

The AG, however, requested the court to hear separately the Presidential Reference, as he contended that the reference had nothing to do with the petition of the Supreme Court Bar Association.

At this Justice Muneeb Akhtar observed that both the matters were inter-related, adding that the SCBA petition mentioned the responsibilities of the National Assembly speaker. Meanwhile, Chief Justice Umer Ata Bandial observed that the court would not interfere in the political affairs but would look into the legal matters, adding that the court would hear the SCBA petition on a daily basis.

The CJP hoped that all the political parties would show patience and strengthen the democratic process in accordance with the law and Constitution. Later, the court adjourned the hearing until March 21.