ISLAMABAD: Former prime minister and PTI Chairman Imran Khan on Thursday challenged the verdict of the Supreme Court, declaring as unconstitutional the ruling of former Deputy Speaker National Assembly by rejecting the no-trust move against him.
The PTI chairman, while pointing out errors on the face of the judgment, submitted that entire jurisdiction exercised by the apex court bench is in violation of Article 175 of the Constitution. He filed a review petition in the Supreme Court under Article 188 of the Constitution read with Order XXVI of the Supreme Court Rules 1980 for review of its judgment delivered on April 7 in suo motu case.
The PTI chairman prayed to the apex court to review, recall and set aside its impugned order of April 7, which is based on errors floating on the surface. "The SC bench has erred to appreciate the provisions of articles 66, 67 and 69 of the Constitution of Islamic Republic of Pakistan, 1973 read with Article 248 bars the superior court to interfere in the proceedings of the Parliament and/or hold inter alia the President, the Prime Minister, the Speaker as well as the Deputy Speaker of the National Assembly answerable," Imran Khan contended. He further submitted that the stated institution cannot be subordinate and answerable to the jurisdiction of an SC bench due to the unequivocal bar of jurisdiction contained in the above-mentioned articles of the Constitution.
The PTI chairman recalled that the ruling issued by the Deputy Speaker of the National Assembly was meant for the enforcement of Article 5 of the Constitution. He submitted that it did not have any connection with him, who being the executive head of the government, has nothing to do with the functions and or ruling of the Deputy Speaker. “In fact, the Speaker had certified that there was no motion of no confidence pending against him," he added.“The petitioner thereafter tendered advice for the dissolution of the National Assembly; there does not exist any evidence on record either in suo motu or in any other proceedings that the stated action was ill-motivated and or against the law and the Constitution”, Imran Khan submitted.
Even otherwise, he contended that under Article 248, he is not answerable to any court viz. exercise of his constitutional powers/obligations,” the PTI chairman claimed.
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