ISLAMABAD: Welcoming the unanimous decision of the Supreme Court regarding restoration of the National Assembly, legal experts believe that the resignation as prime minister is the best graceful option for Imran Khan.
On Thursday the Supreme Court declared the president’s decision to dissolve the assembly and NA Deputy Speaker Qasim Suri’s ruling against the Constitution. The five-member bench headed by Chief Justice of Pakistan Umar Ata Bandial read out the short order and restored the National Assembly.
Hamid Khan Advocate, while commenting on the development, said that the only graceful option now left with Imran Khan is to resign as prime minister before the voting on No-Confidence motion in the assembly.
“After what happened on April 3, and subsequent unanimous decision of the superior court, the prime minister should leave office and let the assembly elect a new prime minister,” he said.
“Imran Khan should now do the politics of opposition as Opposition leader in National Assembly as what happened is a democratic process without going for another confrontation mode,” he said while replying to a query.
Khwaja Haris Ahmed Advocate, when contacted, opined that it was a historic decision. “Without referring to any political party, I think it’s a victory of the constitution,” he said, adding that Imran Khan and his party should now sit on opposition benches if the motion succeeds.
“Unlike the impression that Supreme Court, while terming NA Deputy Speaker Qasim Suri’s ruling against the Constitution, may leave the dissolution of assembly and other subsequent develops intact, the superior court rightly made sure that the voting process would complete in the assembly and new leader of the house (in case opposition succeeds) is elected,” he said.
In reply to a query he said the resignation of PTI’s MNAs may not harm the next government. “We have heard Imran Khan suggesting opposition parties to resign so he would conduct by-elections. The best way for Imran Khan is to let the democratic system function. He should not hesitate sitting on opposition benches and continue his strive,” Haris added.
While commenting on the same Umar Gilani Advocate Islamabad High Court said that the decision of the Supreme Court was actually a turning point in the court’s history. Imran Khan has left with two options including facing the no confidence motion or resigning as prime minister.
“Until a ruling party has at least 172 members/votes in the assembly the resignation of MNAs of opposition will not disturb the government. However on administrative ground the next government may face problems in case a large number of MNAs resign,” he said.
Legal expert Reza Ali tweeted that the ruling Pakistan Tehreek-e-Insaf (PTI) should follow the process to send show-cause notices to the lawmakers from its party who have defected.
Legal expert Reema Omer said on the social media website that “faith in the sanctity of the constitution” had been strengthened, adding that it was not impractical or idealistic to have this expectation from the Court.
Lawyer Asad Rahim Khan tweeted that it was a “good day for the constitution and for the sanctity of parliament”.
He added that “for the first time in almost three decades, the Supreme Court has not only held dissolution illegal, but also restored parliament – ensuring none of the moral grayness we had with the Junejo-era verdict.”
