• CJP says members have right to vote as party representatives
• Tells parties to fight political battles in parliament
• Refuses to allow rallies at D-Chowk; reminds political parties to ‘stay polite’

ISLAMABAD: Chief Justice of Pakistan (CJP) Umar Ata Bandial has emphasised that members of the National Assembly have every right as an “individual constituent of a political party” to vote on no-trust motions without any restriction and coercion, but at the same time, public interest must not suffer by bringing everything to a halt — either economically or socially.

The parliament, being the central institution, must function in accordance with the Constitution, Justice Bandial observed on Monday, heading a two-judge Supreme Court bench that had taken up a petition of the Supreme Court Bar Association (SCBA).

The courtroom was filled with politicians on Monday, including Leader of the Opposition in the National Assem­bly Shehbaz Sharif, PPP chairman Bilawal Bhutto-Zardari, PDM leader Maulana Fazlur Rehman, Leader of the Opposition in Senate Yousuf Raza Gilani, Minister for Information Fawad Chaudhry and others.

The petition seeks a restraining order against the government’s “stated intention” to prevent lawmakers from taking part in the no-trust proceedings against the premier and the presidential reference on the interpretation of Article 63-A of the Constitution.

The court said it would constitute a larger bench to hear the SBCA plea, along with the presidential reference filed by the government, on March 24.

When SCBA lawyer Mansoor Usman Awan invited the court’s attention towards the alleged violation of the law committed by NA Speaker Asad Qaiser by calling the assembly session on March 25 instead of March 22, CJP Bandial observed that the court would not like to go into procedural aspects, as it was only concerned that the constitutional right of vote by the parliamentarians should not be meddled with and advised lawmakers to “go and fight their case inside parliament if some wrong has been committed”.

Govt assurance

Attorney General for Pakistan (AGP) Khalid Jawed Khan, meanwhile, assured the SC on behalf of the government that no lawmaker would be ‘physically obstructed’ in any manner from entering parliament on the day of vote. “I had a discussion with the prime minister and conveyed the displeasure of the apex court on the March 19 Sindh House breach by the PTI activists. The PM acknowledged that there should be no room for the mob rule,” he claimed.

However, Justice Munib Akhtar observed that the assurance should not be just for the first day, but for each day of the sessions.

At the hearing, the CJP also made it clear that the apex court would not allow any protest at D-Chowk.

About the reference filed by the government on Monday, the court said it would appreciate assistance from all political parties, including the ruling Pakistan Tehreek-i-Insaf’s allies, and issued notices to them to submit their replies to the reference in writing.

The chief justice also remarked that the court was sitting there not as the ‘adjudicator’ but as a ‘mediator’ between all the political parties to allow democracy to function.

Referring to the delay in the convening of the House for the vote of no confidence, the AGP explained there was a reason (i.e. the OIC meeting) for the delay and said the government had no intention, plan or desire to obstruct anyone as it wanted to see constitutional requirement being fulfilled strictly in accordance with the law.

Appropriate instructions, the AGP added, had also been conveyed to the administration that there should be no obstruction or any arrest of lawmakers though general public would not allowed to come close to the premises.

Unbecoming rhetoric

The CJP also had a word of caution for the political parties, stating that the rhetoric being employed these days ought not to be used. “We would like to close our eyes towards this, but there must be some dignity, courtesy and maturity and one should look at our earlier leaders and should follow their examples.”

Referring to Article 63-A of the Constitution, which deals with the defection clause, the AGP said lawmakers also had the right to abstain from the vote procedure, insisting that it was nobody’s business to compel any parliamentarian in the exercise of his conscience.

Referring to the presidential reference moved before the SC, he emphasised that the reference was “not a camouflage to seek delay” in the vote of no confidence. The government’s intention could be gauged from the fact that no interim relief had been sought from the government rather the question relates to post vote and it was up to the court to decide, he argued.

However, he also pointed out that the NA speaker was not bound by what he was saying since it was his personal view that the overlapping of the reference as well as the no-confidence motion would not obstruct the parliamentary proceedings.

During the hearing, the court also noted strong exception taken by Advocate General for Sindh Salman Talibbudin on the March 19 Sindh House incident. The bench observed that the SC expected “strong condemnation” on behalf of the government as the assurance held out was “not enough”.

Sindh House probe

Meanwhile, the apex court ordered Islamabad police to record the statement of the Sindh government in the FIR it intended to register about the breach of Sindh House.

Senior counsel Makhdoom Ali Khan, representing the PML-N, expressed the apprehensions that the district management might be under pressure for acting neutrally or impartially while deciding about the venue and route of the opposition rally.

Representing JUI-F, Senator Kamran Murtaza said the opposition should be allowed at a similar distance from the parliament as the PTI rally would be permitted.

Farooq H. Naek on behalf of the PPP expressed the possibility of a clash when opposite rallies would start converging at D-Chowk.

Ali Zafar, representing the PTI, assured the court that action would be taken against those responsible for the Sindh House incident and assured that court that the ruling party’s rally would remain peaceful.

Published in Dawn, March 22nd, 2022