- CJP observes President dissolved NA after no trust against PM was an ‘unconstitutional act’
- Says media will be guilty of violating the Constitution if it creates doubts about elections
ISLAMABAD: The Supreme Court of Pakistan on Friday observed that the “unconstitutional dissolution” of the National Assembly by the president after a no-confidence motion is filed against the chief executive falls under the category of treason.
The top court made the observation during the hearing of multiple pleas seeking timely elections within 90 days of the dissolution of the assemblies. A three-member bench headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa and comprising Justice Athar Minallah and Justice Amin-Ud-Din Khan heard the case.
Last year in April, President Dr Arif Alvi had dissolved the National Assembly on the advice of then-prime minister Imran Khan under Article 58 of the Constitution.
According to a statement issued by the President’s Secretariat on X, formerly known as Twitter: “The President Dr Arif Alvi, has approved the advice of the Prime Minister of Pakistan to dissolve the National Assembly under the Article 58 (1) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan.”
The development came soon after then-National Assembly deputy speaker Qasim Suri — who was chairing that day’s session — had rejected the no-trust motion against Khan before voting on the motion could take place in the house. Terming the “no-confidence motion” a foreign conspiracy, Suri remarked that it was a contradiction of Article 5 of the Constitution, which says loyalty to the state is the basic duty of every citizen.
After hearing the arguments from all sides, CJP Isa, in its order, stated: “The consequences of every constitutional violation are serious and far-reaching. The effects of which are felt even today.”
Every constitutional violation, the order stated, has serious effects not only on the people of Pakistan but also on the region. “Courts have also been entangled in unnecessary matters.”
Referring to the ouster of former PM Khan from office, the court highlighted the significance of the Constitution.
It said that a prime minister was removed by a no-confidence motion in the recent past. “The Constitution is clear that the majority of the members of the assembly can pass the motion of no-confidence.”
The order mentioned that a political crisis arose in the country after the no-confidence motion after which the apex court took its notice.
“The president dissolved the National Assembly after the no trust was tabled, which was an unconstitutional act,” the order read, highlighting that the president cannot do so on the instructions of the prime minister.
“People cannot be kept away from elected representatives,” the order mentioned.
The court stated: “Dissolving the assembly unconstitutionally falls under the category of treason. Constitutional institutions can make important decisions only in the interest of the people.”
It expressed hope that all constitutional institutions will show prudence in the future.
The order mentioned that the president did not have the power to dissolve the assembly but he did, while he did not exercise his power to appoint a date for election.
The court mentioned that the notification of the general election date has also been issued by the Election Commission of Pakistan (ECP), stating that no party has any objection to holding elections on February 8.
During the course of proceedings, CJP Isa asked everyone in the courtroom as well as the Attorney-General for Pakistan, Mansoor Usman Awan, if they had any objection to the election date, but all replied in the negative.
“After all the requirements are fulfilled, the Election Commission should announce the election schedule,” CJP Isa said.
The chief justice said: “Elections will definitely be held on February 8, God willing.”
After dictating the order, the chief justice said the media would be guilty of violating the Constitution if it created doubts about the elections.
“If a channel runs a ticker casting doubts on the conduct of elections, then there will be action. The ECP will file a complaint to the regulatory body if any media house creates confusion regarding polls,” CJP Isa said.
“If there is doubt in anyone’s mind, let it be, but do not influence the public,” he ordered.
CJP Isa said he hoped elections would be peaceful without parties insulting their opponents and disposed of the petitions.
Earlier, the AGP told the court that the president had given the date following his meeting with CEC Raja and a notification in this regard has also been issued.
“If everyone is happy, then we have no objection. The Election Commission and all the parties have agreed,” the chief justice said, adding that all the members unanimously agreed to the date but did not refer to any constitutional provision.
In the order, the chief justice also inserted Article 48 Clause 5 and Section 57 (1) of the Election Act.
The Supreme Court mentioned that the ECP did not respond to the president’s letter.
“Every institution including the ECP and the president is bound to implement the Constitution. There are severe consequences for not following the Constitution,” the order read.
The court said that the issue of elections was to be resolved between the president and the ECP, which was unnecessarily brought to the Supreme Court.
“If the president needed advice, he could have approached the Supreme Court under Article 187. Several petitions were filed that’s why the court heard the case,” it stated.
The order read that the apex court is fully aware of the constitutional limitations, but mentioned that the entire country was worried because elections were not being announced.
The court said it has not interfered with the powers of constitutional institutions like the ECP or the president.
“Every constitutional institution must abide by the Constitution. No constitutional body has the option to deviate from the Constitution,” the order read, adding that the court has only played the role of a facilitator between the president and the commission.
The Supreme Court, in its order, also declared that the president and the ECP must remain in their jurisdictions. “Being the highest constitutional post, the responsibility of the president is greater,” the court stated, adding that no institution can claim to be ignorant of the Constitution.
Furthermore, the chief justice asked the ECP counsel if the electoral authority had issued an election programme.
“The election programme will be announced after the delimitation of constituencies is done,” the lawyer replied.
He added that the delimitation process will be completed on November 30, while the programme will be announced in the first week of December.
The date of the election schedule should be issued for people to stay updated, the chief justice remarked.
