The Supreme Court Bar Association (SCBA) prayed before the apex court to direct all State functionaries to act strictly in accordance with the Constitution and the law and they be restrained from acting in any manner detrimental to and unwarranted by the Constitution and the law.
SCBA President Ahsan Bhoon on Thursday filed a constitutional petition under Article 184(3) of the Constitution and made federation, through secretaries Ministry of Interior and Ministry of Defence, prime minister, Leader of the Opposition, speaker and secretary National Assembly, Chief Commissioner and Inspector General of Police, Islamabad as respondents.
The SCBA chief further requested the court to direct the respondents and/or their officials and/or anyone else acting on their instructions/orders charged with the duty to maintain law and order in the Islamabad Capital Territory (ICT) to prevent any assembly, gathering, public meetings and/or procession, which can create any hindrance or has the effect of preventing the Members of the National Assembly from reaching the Parliament House and Parliament Lodges.
He also asked the court to restrain the respondents and/or their officials and/or anyone else acting on their instructions/orders from hindering or preventing or creating any obstacles to any Member of the National Assembly from attending the session of the National Assembly, as and when summoned.
The court was further asked to restrain the respondents and/or their officials and/or anyone else acting on their instructions/orders from taking any coercive measures/actions against and including, arrest and detention of the Members of the National Assembly.
Direct the speaker of the National Assembly to discharge his duties, perform his functions and dispose of the proceedings on the motion for no-confidence against the prime minister strictly in accordance with the Constitution of the Islamic Republic of Pakistan, 1973 and the Rules of Procedure and Conduct of Business in the National Assembly, 2007.
Since the submission of the requisition and no-confidence resolution, the political activities of both the treasury and opposition parties have intensified to an alarming level. Both sides are issuing threats to each other and the government has clearly indicated that it will use all means necessary to thwart any attempt by the treasury members, belonging to the Pakistan Tehreek-e-Insaf (PTI), to cast their vote.
It is being regularly reported on the print, electronic and social media that all means will be used to prevent the aforementioned members to attend the anticipated session of the National Assembly.
The urged the court to protect the vote of no-confidence against the prime minister, anticipated to be held on 28-03-2022, from the illegal and unconstitutional actions of the respondents. Any attempt to sabotage, disturb or distort the vote of no-confidence, offends not only the sanctity of the Constitution, but also the people’s right to be governed by a government of their choice.
Thus, the actions and omissions of the respondents in attempting to disrupt the vote of no-confidence are of great public importance and the instant petition, seeking to protect the same, meets the threshold of “public importance” under Article 184(3) of the Constitution.
The story was originally published in Business Recorder on March 18, 2022.
