ISLAMABAD: The chief justice of Islamabad High Court (IHC), Thursday, said that the court would not intervene in political matters under any circumstances and the place to resolve such disputes is the parliament.
A single bench of Chief Justice Athar Minallah stated this while hearing a petition moved by 10 PTI MNAs against the acceptance of their resignations by the speaker National Assembly and subsequently, de-notified by the Election Commission of Pakistan (ECP).
During the hearing, the petitioners’ counsel Barrister Ali Zafar contended that accepted resignations were not processed in accordance with Article 64 of the Constitution. He said that the speaker did not hold enquiry nor any verification from the petitioners as required by the Constitution. He further stated that while accepting the resignations, the speaker did not follow the requirements of Article 64 as laid down by the superior courts of Pakistan.
The IHC chief justice said the court could not issue directives to the NA speaker. He added that people trust their representatives and send them to the Parliament. Addressing the PTI’s counsel, he said that you must hold a dialogue with other political parties to resolve such disputes. The PTI’s counsel argued that the speaker did not fulfil his constitutional duty.
However, the bench observed that the court does not interfere in the affairs of the Parliament and these are political matters, and the forum to resolve them is the parliament. Justice Minallah said that satisfy the court that these 10 members wish to return to the parliament.
Ali Zafar contended that the resignations had been conditional and that if they were not accepted together, then they are all still MNAs. He added that recent audio leaks had revealed that the speaker had been consulting other party members.
He continued that the audio leaks have revealed that only 11 members’ resignations were approved as part of the ruling government’s political strategy. He also said that they had given conditional resignations and their political goal was to empty all 123 seats, if that purpose was not fulfilled then they believe they are still MNAs.
Justice Minallah asked the PTI’s counsel to rethink their strategy and then file an affidavit with the court. He said that the members were accepting that their resignations were “genuine”. However, the PTI counsel insisted that the resignations were genuine, yet conditional.
The IHC CJ observed that members whose resignations had not been accepted must rejoin parliament. He said that the parliament has been greatly disrespected hence democracy should not be made a joke. He further said that the court should not be used for “political point-scoring”.
He remarked that the court would not allow the parliament to be disrespected and if these petitioners are against the party policy then submit an affidavit, only then the court would consider the petitions. The court also added that if you are going by the party policy then the court will not entertain this request. At this, the PTI counsel said that he was not presently in the position to answer this question.
Justice Minallah said that the country’s political instability can be resolved only in the parliament. He added, go to the parliament the court would hear your petition. He maintained that this court respects political parties because they are elected representatives of the people.
He urged the PTI to end the political crisis and grant the parliament its respect. He added that this country’s biggest forum is the parliament, go there and resolve your political differences. Prove your good faith by going to the parliament.
Copyright Business Recorder, 2022
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