Supreme Court returns plea seeking suspension of no-trust proceedings

ISLAMABAD: The Supreme Court on Saturday returned a petition seeking its direction to the National Assembly speaker to suspend the proceedings of no-confidence motion against Prime Minister Imran Khan.

Advocate Naeemul Hassan filed the petition under Article 184(3) of the Constitution. He prayed the apex court to constitute an inquiry commission comprising three judges of the Supreme Court of Pakistan or three chief justices of high courts to hold inquisitorial proceedings with regard to the alleged anti-state activities of the respondent political parties against the democratically and legally elected government.

The petitioner also prayed the apex court to direct the commission to hold day-to-day hearing, collect, analyse and appreciate all the incriminating evidence in possession of the federal government and its security Institutions.

“It should then report to the apex court for appropriate directions to be given against any involved members of political parties in this unconstitutional and unlawful act against the government and state of Pakistan”, the petitioner added.

He submitted that on the basis of this report, the respondent federal government may be directed to take appropriate remedial action along with the mode and manner thereof against the respondent political parties/their members.

Declare and direct that the “resolution of no-confidence” is tainted, malafide and utterly without jurisdiction for being motivated by the treason as well as sedition and aided by the foreign powers; a direction being in line with PLD 2005 SC 873”, the petitioner further prayed

The Registrar’s Office, however, returned the petition by raising objection that the instant petition was not maintainable on the grounds that the petitioner had not pointed out as to what questions of public importance in the instant case were involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.

It was also objected that ingredients of invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution had not been satisfied, adding that the notice issued to the respondents has not been properly drawn, as it is neither mentioned therein that for what purpose this constitutional petition is being filed before this court nor a copy of petition has been provided to the respondents.

The Registrar Office further stated that under Article 69 of the Constitution of Pakistan 1973, validity of any proceedings in parliament could not be called in question.

Similarly, the office pointed out that the petitioner had not approached any other appropriate forum available under the law for the same relief and had also not provided any justification for not doing so.