A 5-member bench of the Supreme Court of Pakistan (the “SC”) took notice of the unconstitutional act of the Speaker/Deputy Speaker of the National Assembly when they created hurdles in voting for the No-Confidence Motion as per the Constitution. Given the unconstitutional behaviour of the Deputy Speaker by not allowing the vote to be carried out before 12 midnight on 9 April, the SC was left with no choice but to be seen to intervene. Any deviation from the Constitution would amount to invoking the doctrine of necessity. Pakistan has a history where the Constitution and Rule of Law have been trampled upon, too often, with disastrous consequences for the country, starting from 1955.
It was Quaid’s priority that the First Constituent Assembly, tasked with drafting and adopting a constitution on which the foundations of a modern democratic welfare state were to be laid was formed on 11 August 1947, almost three days before the formal independence of Pakistan on 14 August 1947. Yet, despite the Father of Nation’s clarity that Pakistan would be a modern democratic welfare state for all citizens, the First Constituent Assembly was dissolved on 24 October 1954. The dissolution was challenged by Maulvi Tamizuddin in Sindh High Court which declared it illegal. The matter was petitioned to the SC where Justice Munir gave a ruling that “Necessity Knows No Law” in 1955.
This ruling was based on a 2000 years old ancient Roman Law that had no legal status in the Constitution. Ever since then, Jinnah’s Pakistan has been a victim of fascism and abuse of power.
MALIK TARIQ ALI
LAHORE
