The Supreme Court has issued notices to political parties, namely the Pakistan Tehreek-e-Insaf, Pakistan Muslim League-Nawaz, Pakistan People's Party and Jamiat Ulema-e-Islam--Fazl related to Friday's incident at Sindh House in Islamabad.
A two-member-bench headed by Chief Justice of Pakistan Umar Atta Bandial and comprised Justice Munib Akhtar conducted the hearing of a petition filed by the Supreme Court Bar Association. The petition sought peaceful execution of no-confidence vote's proceedings in the National Assembly against Prime Minister Imran Khan. It also sough to prevent a likely clash between the opposition and the government workers ahead of the no-trust move in the federal capital. For the stated purposes, the SCBA sought Supreme Court's intervention in the matter.
The Supreme Court remarked it would not interrupt the political proceedings happening in the country, but it would only consider legal perspectives on the issue.
The apex court ordered the Islamabad inspector general to initiate action according to the law. It also directed the political parties - to whom notices had been issued - to appear before the court through their representative lawyers in the next hearing.
During the hearing of the case, Justice Bandial remarked that it was not a suo moto case as the SCBA contacted the apex court for implementation of Article 95 that pertains to the no-confidence vote. The bar association wanted to ensure peace across the country, he added.
Justice Bandial inquired from the Attorney General Khalid Javed Khan about freedom of expression and right to protest and referred to Friday’s incident in which PTI workers led by party lawmakers stormed the Sindh House where the dissident lawmakers of the ruling party were residing. The incident was against freedom of expression and right to protest, the CJP added.
AG Khan described background of the incident, saying everyone had the right to peaceful protest but violation of law would not be justified.
Talking about the series of protests at the Sindh House in Islamabad on Friday, the attorney general said the police dispersed the protesters gathered at the property. But soon another group of people comprising 20 party workers gathered at the place and stormed the Sindh government property.
Following the incident, at least 13 protesters were arrested and a first information report was filed against them in a police station. However, the magistrate released the arrested protesters today, the AG told the court.
At this the CJP remarked that the apex court had no concerns with the ongoing political process in the country but it should be according to the Constitution and law. He noted the prime function of judiciary was to implement the Constitution. Justice Bandial inquired whether storming a public property was a bailable crime.
CJP Bandial further said that institution and public office holders should get protection under the Constitution as threats were issued to public property and public institutions.
Referring to the ongoing political situation in the country, the chief justice of Pakistan expected that all political parties related to the process of no-confidence motion would express endurance.
The CJP also remarked that the court did not seek opinion on Article 63-A of the Constitution and the apex court would conduct hearing on the law during the presidential reference.
The attorney general clarified that the presidential reference had no links with the SCBA petitions which was being heard in the apex court at the moment.
However, Justice Akhtar remarked that the two proceedings were interlinked as the bar association’s petition talked about responsibilities of the National Assembly speaker.
Later, the court adjourned hearing of the case till Monday 1 pm. It will hear the case on daily basis.
