The Islamabad High Court (IHC) Thursday refused to issue an injunction against the approval of resignations submitted by PTI MNAs after the lawmakers failed to offer the court an assurance on their return to Parliament.
IHC Chief Justice Minallah heard a petition filed recently by the PTI lawmakers, who have given a new bent to the issue of resignations. The PTI was earlier seeking approval of all 123 resignations submitted en mass. However, in the new petition, it has moved the IHC against the approval of resignations by the National Assembly speaker and subsequently the Election Commission of Pakistan (ECP).
In the earlier petition, the PIT had challenged the National Assembly Speaker Raja Pervaiz Asharf’s decision to approve 11 of the 123 resignations in July and the ECPs announcement about holding by-elections on nine seats. The petition was rejected by the high court on September 6.
Abdul Shakoor Sahd, one of the 11 MNAs whose resignations were accepted, approached the high court against the speaker’s decision and the court allowed him to return to Parliament.
The new petition was filed by PTI leaders Dr Shireen Mazari, Ali Mohammad Khan, Farrukh Habib, Shandana Gulzar, Fazal Mohammd, Shaukat Ali, Fakhar Zaman, Ijaz Shah, Jameel Ahmed Khan and Mohammad Akram.
Barrister Ali Zafar, who represented the PTI lawmakers, told the court on Thursday that although the National Assembly speaker had approved some of the resignations he failed to follow the rules which required him to first give the resignees a personal hearing.
Justice Minallah questioned where the petitioners wanted to return to the Parliament and whether they were going against the party policy.
The counsel said that the MNAs were not going against the party policy.
Then this brings the issue to an end, the judge said.
Zafar said that if the court suspends the speaker’s order on the approval of 10 resignations, the petitioners could approach the speaker.
The IHC chief justice said that the court would not facilitate the PTI for a political dialogue.
Justice Minallah told the petitioners to submit affidavits on their return to Parliament.
On Zafar’s request, the court adjourned for half an hour to allow the petitioner to think over the affidavit.
When the court resumed, Zafar said all the resignation that had been approved so far were approved by non-relevant people and not the speaker.
He also tried to bring up audio leaks, but Justice Minallah said that the court was not going to discuss it.
After the MNAs failed to offer an assurance to return to Parliament the court adjourned for indefinite period without a ruling.