Islamabad: In a major blow to Imran Khan, Pakistan's Supreme Court on Thursday struck down a controversial ruling by the deputy speaker on the rejection of a no-confidence motion against him and ordered the restoration of the National Assembly, saying the prime minister's move to dissolve Parliament and call early elections was "unconstitutional".
In a unanimous verdict, a five-member bench headed by Chief Justice Umar Ata Bandial restored the parliament and declared the advice by Prime Minister Khan to President Arif Alvi to dissolve the national assembly as unconstitutional."
"The deputy speaker gave a ruling on April 3. Leave was granted on the no-confidence motion on March 28. The ruling of the speaker is declared unconstitutional," Justice Bandial said.
The court ordered the speaker of the lower house to call the session of the national assembly on April 9 at 10 am (local time) to organise a no-confidence vote. It ordered the election of the new prime minister if the no-confidence motion succeeded.
The bench comprising Justices Ijazul Ahsan, Mohammad Ali Mazhar Miankhel, Munib Akhtar and Jamal Khan Mandokhel also restored Prime Minister Khan, Federal Ministers, Ministers of State, Advisers, etc to their respective offices as on April 3.
Security in and around the apex court was beefed up. Riot police forces were deployed outside the court building.
Deputy Speaker Suri, who is associated with Khan's Pakistan Tehreek-e-Insaf party, on April 3 dismissed the no-confidence motion against the premier claiming that it was linked with a "foreign conspiracy" to topple the government and hence was not maintainable. Minutes later, President Alvi dissolved the National Assembly on the advice of Prime Minister Khan who had effectively lost the majority.
The court, which had taken suo motu action hours after Suri's move, had reserved the judgment at the conclusion of the case in the afternoon after a five-day consecutive hearing.
Earlier, the chief justice during the hearing said that the April 3 ruling was erroneous. "The real question at hand is what happens next," he said.
He also asked the Pakistan Muslim-League-Nawaz (PML-N) counsel Makhdoom Ali Khan and Attorney General Khaled Javed Khan for guidance on how to proceed. "We have to look at national interest," he said.
During the hearing, Chief Justice Bandial noted deputy speaker's ruling is, prima facie, a violation of Article 95.
Various lawyers appeared in court to plead in the complex case. Naeem Bokhari represented deputy speaker Suri, Imtiaz Siddiqui appeared for Prime Minister Khan, Ali Zafar represented President Alvi and Attorney General Khaled Javed Khan represented the government.
Babar Awan appeared on behalf of the Pakistan Tehreek-e-Insaf party, Raza Rabbani for the Pakistan Peoples Party and Makhdoom Ali Khan for Pakistan Muslim League-Nawaz.
Apart from leading lawyers representing various parties, the court also called at the rostrum Shehbaz Sharif, Pakistan Muslim League-Nawaz president and main opposition leader, and asked about his view on the way forward in the wake of uncertainty due to the dissolution of the assembly and the announcement of fresh elections.
Shehbaz said how the opposition leaders can take part in the election after being labelled as "traitors". He left it to the court to decide but urged that rule of law should be adhered to and added that we cannot face even our families after being called as traitors.
He was referring to the ruling by the deputy speaker that the no-confidence motion was linked with a so-called "foreign conspiracy".
The court also heard Pakistan Peoples Party (PPP) chairman Bilawal Bhutto Zardari who asked the bench that the opposition would bring necessary reform in the electoral laws before going for elections.
Maulana Fazlur Rehman, chief of Jamiat Ulema-i-Islam Fazl (JUI-F), told a press conference that judges should decide the case according to the constitution. The court should leave the issue of national interests to the elected representatives, he said.
Rehman welcomed the court's decision, calling it a victory of justice and the constitution. "Tomorrow will be observed as thank-giving day," he said.
Shehbaz said it was a historic decision by the apex court.
"The court has strengthened its prestige and independence through this verdict. The court also strengthened the parliament and its honour," he said.
The Supreme Court was in the spotlight when it resumed hearing of the case for the fifth straight day, amidst mounting pressure to conclude the hearing at the earliest and give an order to determine the fate of the ruling by the deputy speaker and the consequent events including the dissolution of the assembly.
During the hearing, the chief justice repeatedly reminded the lawyers to conclude their arguments at the earliest to let the bench issue an order.
