Parliamentary battles should be in assemblies: CJP Justice Umer Ata Bandial

ISLAMABAD: The Supreme Court on Monday observed that the case related to parliament should be contested at the floor of the House and held that "the court has to ensure that nobody's right is affected [and] nobody is deprived of voting because of any event," he said. "Voting is a constitutional right of the members."

A two-member bench of the apex court comprising Chief Justice Umer Ata Bandial and Justice Munib Akhtar heard the petition filed by Supreme Court Bar Association (SCBA) seeking its direction for restraining political parties from holding public meetings in the federal capital before voting on no-confidence motion against the prime minister.

The counsel for the SCBA commenced his arguments regarding the procedure available in the Rules of Business of National Assembly. He, however, while referring to Article 95 of the constitution, submitted that the session of the National Assembly has to be called within 14 days adding that the no-trust move resolution would be moved in the NA on March 25 while it could not be adjourned indefinitely before voting on the motion.

"This is an internal business of National Assembly therefore you should go there and contest before the Speaker National assembly” Chief Justice told the counsel. The Supreme Court had to decide in accordance with the law and the Constitution, Justice Bandial said, adding that the court had not yet been "convinced to interfere in the assembly's proceedings".All the points raised in court could be taken to the NA speaker, he observed. "We want to deal with core points raised in your petition and it would be better that you take up the matter before Speaker National Assembly”, the CJP told the counsel. Chief Justice Bandial said political parties should show their power in parliament, observing that the police could not "raise a hand" on any lawmaker. However, "if MNAs break the law, police will take action," he added.

Justice Muneeb Akhtar further observed that as per Article 95(ii) of the constitution, which deals with the procedure to bring in a no-confidence motion against the prime minister, a member's individual vote had no status. The Judge recalled that the apex court had already made similar observations in cases related to former prime ministers Benazir Bhutto and Nawaz Sharif. Hence after joining a political party the right of vote by the member considered collectively, the judge added.

You are representing the SCBA therefore you should confine yourself to your petition”, the CJP asked the counsel. What do you want from us and what you are suspecting ”, the CJP further asked the counsel adding that the Bar Association should talk about the public’s right. What happened in Sindh House we have concerns about that”, the CJP observed. The counsel, however, said that they want that the Member of the Parliament should be allowed to vote for, anyone he likes. If the Bar went into detail then the observation of Justice Munib will be an obstacle in that”, the CJP remarked adding that the basic question is as to whether the personal choice of the member could be different from the party’s stance The counsel submitted that all the lawmakers should have a right to vote freely. Justice Munib Akhtar asked the counsel to identify that article whereby a member can vote freely. The counsel replied that as per Article 91 of the constitution the members can elect the speaker and other office bearers But tell under which Article your case related to”, the judge asked. He said the SCBA had appealed to all agencies to act in accordance with the law and its petition was also related to the law and order situation amid upcoming rallies in the capital.

Meanwhile, Attorney General Khalid Javed answered the prayers made by the SCBA in its petition saying that on the prayer one, seeking the direction of the court to all state functionaries and political parties to act in accordance with the constitution, he submitted that there is no question about and it would be implemented in letter and spirit. The AGP told the court that police and relevant agencies had been issued orders to not allow the public to enter the Red Zone during the NA session. He further assured that the state and executive authorities will ensure that there will be no unlawful obstruction in this regard and no member of parliament will be restrained from voting however, he said that if any member doesn’t want to come, will not be taken to forcibly and on this no instructions from the government is necessary. he said that no MNA will be arrested but if any rose to violence he could be arrested.

The AG further said that there is no allegation of horse-trading against the ruling party adding that as attorney general, he would not level allegations against any other party as well. There is absolutely no decision on behalf of federal government and the constitutional right of the members of the Parliament will be strictly followed”, the AG submitted. He submitted that the proceeding of the Parliament will not be delayed adding that the Speaker of the National Assembly has issued notice for March 25 for the resolution of no-trust move. "The court will play the role of mediator between the political parties to ensure democracy stays intact," the CJP said. PPP's Advocate Farooq Naek said speaker's action of not convening the NA on 21 and summoning it on 25 invites Article 6. This prompted Attorney General Khalid Javed to interfere and submitted that high treason that was invoked earlier under Article 6 of the constitution on someone, should be first implemented in letter and spirit. This made the CJP smile.

The AG also read out the questions, raised in the Presidential Reference mentioning interpretation of Article 63(a) of the constitution. Attorney General suggested to the court that as political parties are engaged in public gatherings hence it would be better that they should approach the district administration in this regard adding that he can also be asked the Chief Commissioner Islamabad to coordinate in this regard. Barrister Ali Zafar, counsel for PTI told the court that PTI is a political party upholding rule of law and constitution while holding a lawful and peaceful gathering. At this point Advocate Kamran Murtaza said when they (PTI) said that they will bring one million to D-Chowk on March 27 what will be about that. At this the CJP said no one will be allowed to hold public meeting at D Chowk.

Meanwhile, IGP Islamabad told the court that section 144 of the Code of Criminal Procedure was already in force in the capital and had been broadened to include the Red Zone. He further said that JUI-F supporters too tried to enter the Sindh House," he said, adding that they were stopped at the Balochistan House. The IGP however, expressed shame" over the incident.