ISLAMABAD: An appeal was filed on Friday against the objections of Supreme Court’s registrar to a petition, praying 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 on April 2, a day before the no-confidence voting (April 3) had filed a petition through former AGP Anwar Mansoor Khan and advocate Muhammad Azhar Siddique under Article 184(3) of 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, PTI, PML-N, PPP, JUI-F, and MQM-P as respondents.
He had requested the apex court to constitute an Inquiry Commission comprising three judges of the Supreme Court or three chief justices of the High Courts, 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.
However, the SC Registrar Office the same day raising objections returned the petition, saying it 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.
The petitioner stated that the Registrar Office objections are utterly without any foundations/merite as the questions raised in the petition are unique in nature. He stated that it is the case of first impression as it has arisen for the first time in the constitutional history of this country i.e. how the sitting Member(s) of the Parliament, if found to be collectively involved in using/abusing constitutional powers at the behest of foreign anti-state forces/hostile countries, are to be proceeded against for ‘sedition’ or ‘treason’.
The act of sedition and/or treason is subject matter, which can only be brought through a direct constitutional petition under Article 184(3) of the Constitution. The case is of immense importance, particularly, as there has never been set any precedent in the past pertaining to the issue of enormous public importance as raised in the petition.
The issue before this apex court relates to the solid, authentic and verified incriminating evidence of utmost sensitive nature and confidentiality, the same has been considered by the federal cabinet as well as the National Security Council. It has been found to be valid and duly documented.
The evidence has been found to be valid by the highest functionaries of the State and the same establishes the involvement of the dishonest legislators sitting in the Parliament who have now become direct representatives of anti-State elements/foreign powers.
Azhar Siddique contended that the matter relates to the federal constitutional organs/functionaries and, thus, does not relate to the matters which lie within the jurisdiction of the High Courts.
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 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.
The opposition last month had tabled a no-confidence motion in the National Assembly against the prime minister. However, Deputy Speaker Qasim Suri on April 3 rejected the motion.
A five-member larger bench, headed by Chief Justice Umar Ata Bandial on April 7 set aside ruling of the National Assembly Deputy Speaker Qasim Suri, restored the National Assembly to it position of 3rd April, and held the prime minister’s advice to the President to dissolve the Assembly contrary to the Constitution and of no legal effect.
The speaker was asked to summon NA Session for no-confidence Saturday.
Copyright Business Recorder, 2022