PTI moves SC against IHC verdict on 123 MNAs’ resignations

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) on Tuesday challenged in the Supreme Court (SC) the verdict of the Islamabad High Court (IHC) on the resignations of its 123 MNAs not accepted by the incumbent Speaker National Assembly Raja Pervaiz Ashraf.

Asad Umar, Secretary General Pakistan Tehreek-e-Insaf (PTI), has filed a petition in the SC through his counsel Faisal Farid Chaudhry, seeking leave to appeal against the verdict of IHC dated September 6, 2022.

The PTI has made Federation of Pakistan through Cabinet Division, National Assembly Speaker, Election Commission through its Secretary and Secretary National Assembly as respondents.

The petitioner prayed the apex court that leave to appeal may be granted and impugned judgment of learned IHC be set aside till the disposal of instant appeal.

The PTI questioned as to whether the learned high court of Islamabad disregarded the material facts of the case in hand and whether the high court failed to adhere to the principle that each case has to be decided on its own peculiar facts and also failed to consider that the instant case was completely distinguishable and could not have been decided on the basis of Zafar Ali Shah case reported as PLD 2015 Islamabad 156, for being totally variant on facts and law from the referred judgment of learned Islamabad High Court.

The petitioner further questioned as to whether the impugned judgment amounts into redundant Article 64 of the Constitution and rules of Procedure of National Assembly 2007. The PTI submitted that in the aftermath of a mala fide ‘Regime Change Operation in Pakistan’ orchestrated as a consequence of foreign conspiracy and intervention, the political leadership of the petitioner party protested against foreign intrusion and change of political loyalties through horse trading and arm twisting employed by the-then opposition parties in connivance and collusion with internal as well as foreign conspirators and facilitators.

The PTI, in order to take fresh mandate from the people of Pakistan, decided to get all its elected members to resign en bloc from the National Assembly and the unanimous decision was taken in the party’s parliamentary meeting in the Parliament House held on April 11, 2022 and chaired by its Chairman Imran Khan, Asad Umar contended in the petition

He submitted that Shah Mehmood Qureshi on the floor of the House had announced the decision of PTI Parliamentary Party and 125 resignations of the MNAs of the PTI submitted their resignations while the then Deputy Speaker National Assembly Qasim Suri accepted the resignations

The petitioner however, submitted that the incumbent National Assembly Speaker Raja Pervaiz Ashraf illegally stopped the resignations, tendered by the PTI MNAs and reversed the order passed by the then Speaker National Assembly Qasim Suri. The stage-wise acceptance of the resignations by the incumbent NA Speaker was against the settled principles of the National Assembly”, Asad Umar contended.

He prayed the apex court to set aside both the impugned judgment of learned IHC verdict as well as the ruling passed by the incumbent NA Speaker Raja Pervaiz Ashraf. Few days ago, the IHC had rejected the petition filed by Pakistan Tehreek-e-Insaaf (PTI) against the piecemeal acceptance of the resignation of 11 PTI MNAs.

IHC Chief Justice Athar Minallah while hearing the petition of PTI had declared former deputy speaker National Assembly Qasim Suri’s acceptance of the resignation of PTI lawmakers as unconstitutional and also had rejected PTI counsel request for constituting a larger bench.