Islamabad, 03 April 2021
Chief Justice of Pakistan, Umar Ata Bandial on Sunday said that all orders and actions initiated by the prime minister and president regarding the dissolution of the National Assembly will be subject to the court's order.
The top judge of the country made his observation taking notice of the current situation following the dismissal of a no-confidence motion against Prime Minister Imran Khan by the National Assembly Deputy Speaker reffering Article 5 of the constitution. it was followed by dissolution of national assembly by President Arif Alvi on the advice of the premier.
Chief Justice constituted a three-member bench to look into the constitutional powers with the Deputy Speaker on dismissal of no-confidence motion against Prime minister raised by the majority members of National Assembly.
In the order, the court observed that 'it is contended that, prima facie, there is neither a finding recorded in the matter nor was a hearing granted to the affected party'.
The court directed to issue notice to Attorney General 'on the constitutionality of the [deputy speaker's] decision' to dismiss the no-trust motion on the basis of Article 5 of the Constitution.
Article 5 of Pakistan constitution says that 'loyalty to the State is the basic duty of every citizen'.
National Assembly secretariat had called the session at 1130 AM, this morning of Sunday to hold the voting on No-confidence motion submitted by Opposition members of the assembly on 8th of March.
Opposition members also submitted a no-confidence motion against the Speaker of the House early morning today.
In his absence, Deputy Speaker was heading the session. Upon start of the session, Deputy Speaker allowed Minister of Information to speak who read a statement charging all opposition members collaborating with a super power in bringing the no-confidence motion against Prime Minister Imran Khan, therefore, as per Article 5 of the constitution, the motion be rejected.
Deputy Speaker hurriedly reading a prepared paper said the resolution could not be voted upon as it was allegedly supported by a foreign power and violated Article 5 and adjourned the session for indefinate period.
Following the Deputy Speaker ruling, Prime Minister Imran Khan in his short speech from PM House announced that he was sending advice to the president to dissolve the assembly and call for general elections.
Soon after, as per the press release that the President has accepted the advise and issued order dissolving of national assembly and call for fresh general elections in 90 days.
He also issued order that Imran Khan to continue working as Prime Minister until interim govrrnment is formed.
Pakistan People's Party Chairperson, Bilawal Bhutto Zardari talking with medoa, said the deputy speaker committed an 'unconstitutional act' by dismissing the no-trust motion against Imran Khan.
He said the premier will have to face the no-confidence motion as he could not run away from it.
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