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Imran Khan challenges SC ruling on April 3 VP actions

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Pakistan Tehreek-e-Insaf (PTI) leader Imran Khan has challenged the Supreme Court (SC) judgment which declared unconstitutional the decision of the Deputy Speaker of the National Assembly regarding the rejection of a motion of censure against him.

The petition for review held that the seat of the Supreme Court erred in assessing the provisions of Articles 66, 67 and 69 of the Constitution read with Article 248 which prohibits the superior court from interfering in the proceedings of parliament and/or to hold debates. among others the president, the prime minister, the president as well as the vice-president of the National Assembly.

“The declared institution cannot be subordinated and responsible to the jurisdiction of a seat of the supreme court because of the unequivocal prohibition of jurisdiction contained in the above-mentioned articles of the Constitution,” the petition argues.

The Supreme Court erred in assessing the mandate of the Constitution which guarantees that the parliament, together with its members/leaders, the President as well as the Prime Minister, are not responsible for the exercise of their functions as well as the powers discretionary powers in any court nor their performance of constitutional duties may not be questioned in any court under the Constitution.

It is relevant to mention here that the judgment delivered by the Vice-President of the National Assembly was intended for the application of Article 5… It had no connection with the applicant [Imran Khan]who, as the executive head of government, has nothing to do with the duties and/or decision of the vice president,” the call said.

“In fact, the speaker had certified that there was no ‘motion of no confidence’ pending against the petitioner. The petitioner then presented a notice for the dissolution of the National Assembly; there is no evidence on the record neither in suo moto nor in any other proceeding that the stated action was improperly reasoned and/or contrary to law and the Constitution.Even otherwise, the petitioner under Section 248 is not liable before any court, i.e. the exercise of his constitutional powers/duties.

The former prime minister further argued in his plea that the court exercised jurisdiction in an “unprecedented” manner insofar as it instructed the entire 342-member National Assembly to ‘it acts in a regulated manner’.

The Supreme Court restricted “their rights/discretion with respect to the performance of constitutional duties,” the appeal said, adding that “the interference and/or direction, with respect, is not consistent with the Constitution”.

That the contested order, in the absence of detailed reasons, is not a judicial decision within the meaning of article 184, paragraph 3, read with article 189 of the Constitution.

The plea further reads: “That, under Ordinance X of the Rules referred to, read with the provisions of Sections 184 and or 186 of the Constitution, the Honorable Bench of the Supreme Court may not, by ordinance, to discharge constitutional obligations directly, by holders of constitutional offices under the Constitution; obligations which enjoy constitutional protection and indemnities in accordance with, inter alia, Article 69 read together with Article 248 of the Constitution. “

Presidential reference

He further stated that the Supreme Court “erred in rendering no decision in Presidential Reference No. 01/2022 filed under Article 186 of the Constitution which was heard with the captioned cases and is of paramount importance”.

In the absence of the decision in the referred remand, the contested order has prejudiced the remand proceedings and tainted the entire proceeding which was to be held on April 9, 2022 without any decision therein.

The contested ordinance interfered with the work of parliament, which constituted “a violation of the prohibition contained in Article 69 of the Constitution”.

According to the appeal, “…the Supreme Court erred in recognizing that under the proceedings of the House, that is, Parliament is sovereign, independent and not subject to the jurisdiction of the Supreme Court or any other court under the Constitution.”

“That the Supreme Court erred in finding that the ‘motion of no confidence’ lapsed due to the influx of time as provided for in Section 95(2) of the Constitution; any instruction to consider/d “to hear/prosecute is a direct violation of the stated mandate of the Constitution. Any subsequent proceedings of the National Assembly will also be wrong in law and in the Constitution,” he added.

“That the procedures for a motion of no confidence, the election of a new Prime Minister, etc. have been thoroughly provided for in the Constitution…therefore the honorable Supreme Court has no right to micro-manage business of parliament,” he added. concluded.

Sources

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2/ https://www.suchtv.pk/pakistan/general/item/113220-imran-khan-challenges-sc-ruling-on-deputy-speaker-s-april-3-actions.html

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