NA deputy speaker's ruling: CJP says suo motu followed consent of 12 judges

Islamabad: The Supreme Court of Pakistan took suo motu notice over the "ruling" of the National Assembly's deputy speaker last month after consulting with 12 judges who had agreed that it was a "constitutional matter", Chief Justice of Pakistan Umar Ata Bandial said on Monday. 

Justice Bandial made the remarks during the hearing of a presidential reference seeking the top court's opinion on Article 63-A of the Constitution, which is related to the disqualification of lawmakers over defection.

On April 3, the top judge took the suo motu notice when then National Assembly deputy speaker Qasim Suri had dismissed a no-confidence motion against then prime minister Imran Khan and the subsequent dissolution of the National Assembly.

The CJP had also made it clear that all orders and actions initiated by the prime minister and president regarding the dissolution of the National Assembly would be subject to the court's order, which had eventually gone against the then government and restored the assembly.

The CJP maintained today that the notice was justified. "Everyone believed that it was a constitutional matter so notice should be taken."

A five-member bench, headed by the chief justice, and comprising Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, Justice Munib Akhtar and Justice Jamal Khan Mandokhail, is hearing the reference.

Justice Bandial further remarked that suo motu notice was taken at the bench's discretion and not on anyone's wishes.

At the outset of the hearing, the chief justice remarked that it was the court's duty to protect the Constitution and that the interpretation of Article 63-A was essential for parliamentary democracy.

Justice Bandial said legal questions related to the Article were valid even after filing of references against dissident PTI lawmakers in the Election Commission of Pakistan (ECP).

Justice Ahsan observed that all parties would be bound to respect the court's decision.