SC concerned with constitutionality, not policy matters: CJP

Chief Justice Umar Ata Bandial on Tuesday said the Supreme Court did not want to get into the investigation of policy matters as it only wanted to ascertain the constitutionality of the steps taken by the deputy speaker for the dismissal of the no-confidence of motion and subsequent dissolution of the National Assembly.

As a constitutional crisis gripped the country following the speaker's ruling, the apex court had taken a suo motu notice to resolve the matter on the insistence of the opposition parties that had also petitioned the court for the same.

At the previous hearing, opposition lawyer Farooq H Naik had presented arguments for two hours. The apex court had also rejected the request for the formation of a full bench to hear the case.

During the hearing today, Chief Justice Bandial said, “Our sole focus is on the ruling of the deputy speaker…it is our priority to decide on that particular issue.”

The apex court wanted to see if the ruling of the deputy speaker could be reviewed by the bench, the top judge said. “The court does not interfere in the state matters and foreign affairs, he said, adding that the SC will merely decide on the legitimacy of the speaker’s action.

“We will ask all parties to focus on this point,” the CJ added.

Justice Ijazul Ahsan said the court at present was concerned with constitutional matters only.

PML-N lawyer Makhdoom Ali Khan, while alluding to the foreign conspiracy, said the court could seek an in-camera briefing from the intelligence agencies if it wanted. “We will listen to the attorney general and get back to you in case of questions,” he added.

As the hearing resumed today, PPP Senator Raza Rabbani presented arguments before the five-member bench.

Rabbani informed the bench that the process to remove the prime minister was enshrined in the Constitution. “Once a motion for the no-confidence [against PM] is tabled in the house, he cannot dissolve assemblies,” Rabbani said, adding that only the resignation of the PM can stop the no-confidence motion.

The PPP leader said the president could also ask the prime minister to take the vote of confidence from the house. He added that in order for the no-confidence motion to be dismissed, either the premier has to resign or the opposition takes back the resolution. However, once the resolution is tabled, it has to be voted upon.

Rabbani said the court could review the ruling of the speaker under Article 95(2) of the Constitution. He added that the deputy speaker interpreted Article 5 and applied it to the members of the opposition.

He urged the court to declare the ruling of the deputy speaker unconstitutional, asking whether a speaker could issue such a ruling without the court’s findings.

Rabbani said the establishment also rejected the claim made by PM Imran about “three options given to him by the establishment”.

Rabbani also asked the court to summon the ‘threat letter’ and the National Security Committee’s minutes. “The court should strike down the speaker’s ruling and restore the National Assembly,” he added.