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Friday April 26, 2024

Violation of Constitution: High treason case on the cards

The Ministry of Law and Justice and the Ministry of Interior have started preparing the reference.

By News Desk
April 29, 2022
(L-R) This combo shows former prime minister Imran Khan, ex-deputy speaker Qasim Suri, Punjab Governor Omer Sarfaraz Cheema and President Arif Alvi. The News/File
(L-R) This combo shows former prime minister Imran Khan, ex-deputy speaker Qasim Suri, Punjab Governor Omer Sarfaraz Cheema and President Arif Alvi. The News/File

ISLAMABAD: The PMLN-led coalition government has decided to file a high treason case against President Arif Alvi, ex-PM Imran Khan, National Assembly's ex-deputy speaker Qasim Suri and Punjab Governor Umar Sarfraz Cheema for allegedly violating the Constitution.

The federal government has accused President Alvi and former deputy speaker of abrogating the Constitution at the behest of ex-PM Imran Khan during the proceedings federal government has decided to file a reference under Article 6 against President Arif Alvi, Imran Khan, Qasim Suri and Umar Sarfraz Cheema for violating the Constitution.

The Ministry of Law and Justice and the Ministry of Interior have started preparing the reference. In a landmark unanimous ruling, the Supreme Court on April 7 set aside the NA deputy speaker’s ruling to dismiss the no-trust resolution against then premier Imran Khan and the subsequent dissolution of the lower house of Parliament by President Arif Alvi on the premier’s advice.

"The ruling of the deputy speaker of the National Assembly in relation to the resolution for a vote of no-confidence against the prime minister under Article 95 of the Constitution is declared to be contrary to the Constitution and the law and of no legal effect, and the same are hereby set aside," the top court said in its short order.

The apex court ruled that President Alvi's decision to dissolve the National Assembly was also "contrary to the Constitution and the law and of no legal effect". It noted that the prime minister could not have advised the president to dissolve the assembly as he continued to remain under the bar imposed under Clause (1) of Article 58 of the Constitution.

Likewise, Punjab Governor Cheema, who has refused to endorse the election of Punjab Chief Minister-elect Hamza Shehbaz, is also accused of subverting the constitutional process in the provincial legislature.

Prime Minister Shehbaz Sharif-led government has maintained that President Alvi subverted the Constitution on the orders of PTI Chairman Imran "which is a clear violation of the Supreme Court and High Court orders."

The authorities are obtaining statements of the accused and records of the national and provincial assemblies, insiders said. The sources also said that relevant court orders and judicial precedents will be attached with the reference to be filed in the Supreme Court. The reference will write a new chapter in the political and judicial history of Pakistan, they added. Under the law, the federal government has the authority to take action under Article 6.