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ISLAMABAD: The apex court on Saturday declined to entertain a petition, wherein, it was prayed to constitute an inquiry commission to probe anti-state activities of the opposition parties to oust a democratically- and legally-elected government through a no-confidence vote.

Naeemul Hassan, early in the day had filed a petition through former AGP Anwar Mansoor Khan and Advocate Muhammad Azhar Siddique, under Article 184(3) of the Constitution and made Federation of Pakistan, Prime Minister’s Office, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Defence, Ministry of Law, Speaker National Assembly, Election Commission of Pakistan, Federal Investigation Agency, the PTI, the PML-N, the PPP, the JUI-F, and the MQM-P as respondents.

He requested the apex court to constitute an Inquiry Commission comprising three judges of the Supreme Court or three chief justices of the High Courts of Pakistan, to hold inquisitorial proceedings regarding anti-state activities by the opposition parties to oust a democratically- and legally-elected government through a no-confidence vote.

The SC Registrar Office raised objections that the petitioner had not pointed out what questions of public importance in the case are 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. “Ingredients for invoking extraordinary Jurisdiction of this Court under Article 184(3) of the Constitution have not been satisfied,” the registrar office said.

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“That notice issued to the respondent is not properly drawn as it is neither mentioned therein that for what purpose this Constitution petition is being filed before this Court nor copy of the petition has been provided to the respondent.”

The court also stated that the petitioner had not approached any other appropriate forum available under the law for the same relief and has also not provided any justification for not doing so.

“Misconceiving multifarious prayers have been made in one Constitution Petition. That under Article 69 of the Constitution of Pakistan 1973, the validity of any proceedings in Parliament cannot be called in question,” it added.

The petitioner has further prayed that the no-confidence resolution should be declared “tainted, mala fide and utterly without jurisdiction” and its proceedings taking place today (Sunday) should be suspended.

He pleaded that the commission should hold hearings on a daily basis. “On the basis of this report, direct the respondent federal government to take appropriate remedial action along with the mode and manner thereof, against the respondent political parties/ their members,” it stated.

The opposition last month tabled a no-confidence motion in the National Assembly, and following the exhaustion of the constitutionally-allowed limit, the house is to go for vote on no-confidence Sunday (today) to decide the fate of Prime Minister Imran Khan.

The petition stated that the members of the opposition were acting on the instigation of foreign hostile countries against the polity and integrity of Pakistan, and had, conspired, conceived and hatched a move in the form of a no-confidence motion before the National Assembly of Pakistan to oust a lawfully-elected prime minister.

The petitioner said that PM Imran had taken various measures to restore the normalcy in the affairs of the state but local political parties had been “aiding and assisting extremism in the country”.

He claimed that the JUI-F was one of the “greatest beneficiaries of the Afghan war”, adding that the party’s “ardent followers are the young recruits of religious seminaries who provide them the raw street power”.

“The stated party, has arrayed itself as a political party, has unknown resources of immense wealth, foreign donations and contributions; it has persistently declined to have its annual accounts audited by any reputable auditor/ regulator,” the petition reads.

The petitioner alleged that the PML-N, too, had been involved in “massive corruption” led by the Sharif family. “It has colluded with terrorist organisations and personalities like Osama Bin Laden,” it added.

The petitioner said the letter brandished by the prime minister was an “ill motivated conspiracy of the respondent political parties”.

Copyright Business Recorder, 2022


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