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  • Fight assembly's war in assembly: CJP

    Chief Justice of Pakistan Umar Ata Bandial file photo Chief Justice of Pakistan Umar Ata Bandial

    Chief Justice of Pakistan Umar Ata Bandial said Monday the assembly's "wars" should be fought in the assembly as the Supreme Court heard a case against public gatherings of the Opposition and the government — ahead of the no-confidence motion against Prime Minister Imran Khan.

    A two-member bench, headed by CJP Bandial, and comprising Justice Muneeb Akhtar, heard the Supreme Court Bar Association's (SCBA) plea seeking the apex court’s order against public gatherings in the federal capital in order to prevent "anarchy".

    Three bigwigs of the Opposition — PML-N President Shahbaz Sharif, PPP Chairman Bilawal Bhutto-Zardari and JUI-F chief Maulana Fazlur Rehman — along with other opposition leaders arrived at the SC to attend the hearing of a separate petition filed by SCBA.

    At the outset of the hearing, the lawyer representing SCBA said that the NA Speaker was told to summon the assembly meeting on March 25 while it has to be convened within 14 days of the submission of the no-trust motion under Article 95.

    "The court is not convinced on interfering in the NA's affairs. It only wants that no one's right to vote is affected," CJP Bandial remarked during the hearing.

    Listening to the arguments by the SCBA's arguments regarding the delay in the voting on the no-confidence motion, which was filed on March 8, the CJP said that that “these are the internal matters of the assembly,” adding that it would be better to fight internal battles inside the premises of the Assembly.

    The petitioner’s lawyer highlighted that under Article 95, the speaker of the National Assembly has to summon a session within 14 days from the time when the no-confidence motion is filed.

    The CJP asked the association what is the problem with no-confidence, alleging that the petitioner’s lawyer has not come prepared.

    Regarding the voting on the no-confidence motion, CJP Bandial said that the SCBA wants the lawmakers to have the choice to vote for whomever they want.

    However, he said, the question is whether the personal choice of an MNA can differ from the party policy.

    SCBA's lawyer argued that all the MNAs should have the right to vote freely. At this, Justice Muneeb Akhtar inquired about the article under which lawmakers can vote freely.

    Responding to the query, the SCBA's lawyer said that the MNAs elect the speaker and other officials of the assembly under Article 91.

    “If somebody is casting their vote how can somebody say that it is not their right to vote,” Justice Akhtar said, asking the SCBA on which article the body has based its case.

    The Opposition alliance, Pakistan Democratic Movement (PDM), is all set to hold its "long march in Islamabad from March 25 — on the same day when the session for the no-confidence motion has been called — and the government will also hold a gathering — expected to be massive.

    "All of this is the assembly's internal matter, it will be better that the fight takes place in the assembly. We do not want to indulge in the depth in this matter," the CJP said as the SCBA sought to stop the gatherings.

    CJP Bandial, asking the political parties what did they want the court to do in this matter, noted that the judiciary could only play a mediator's role in political matters for the betterment of democracy.

    The court remarked that party workers cannot be brought to the capital to stop lawmakers from casting their vote in during the session on the no-confidence motion.

    "Sit together and form a consensus [...] choose a place other than D-Chowk," the CJP advised the political parties.

    ‘Ashamed on Sindh House incident’

    Regarding the Sindh House incident, the IG Islamabad Police told the court that the JUI-F workers also tried to go towards the Sindh House, however, they were stopped near Balochistan House.

    He said that they were “ashamed” of the incident.

    Talking about the incident, Attorney General Khalid Javed Khan said that orders have been issued to the police and concerned authorities to investigate the Sindh House incident.

    The CJP reiterated that the real issue is stopping the MNAs from voting, saying that the case was heard on Saturday to urge everybody to act according to the Constitution.

    Meanwhile, the AGP added that the public will not be allowed to enter the Red Zone area during the assembly session.

    “We have full confidence in you,” the CJP said to AGP.

    The attorney general urged the government and the Opposition to express their disagreements politely.

    Meanwhile, CJP Bandial said that a larger bench will be formed on the presidential reference, and ordered a hearing on it from March 24.

    He further said that all parties should submit their responses in writing regarding the reference.

    'Collective right'

    Highlighting relevant laws for voting, Justice Munib Akhtar said that Article 17 is regarding the formation of political parties. He said that under Article 17, the rights belong to political parties while according to Article 95, the right to vote belongs to political parties.

    He further added under Article 95(2) individual votes have no legal status, highlighting that votes are considered collective right after inclusion in a political party.

    ‘NA session in accordance with law’

    After the hearing today, Minister for Information Fawad Chaudhry said the war waged against corrupt elements will be taken to the logical conclusion.

    Talking to the media persons along with Minister for Energy Hammad Azhar and Adviser on Parliamentary Affairs Babar Awan, he said the Supreme Court's opinion on Article 63-A has been sought by the government.

    He said Prime Minister Imran Khan is standing firm.

    “The party also afforded an opportunity to the dissident members to return.”

    The minister said that the media cell of PML (N) is involved in a propaganda campaign against the army to create a wedge between the government and the military.

    Babar Awan in his remarks said that the speaker has summoned the session of the National Assembly on 25th March in accordance with the constitution. He reminded that the lower house had unanimously passed a motion, providing the assembly hall for the session of the OIC.

    Won't make any political statements: Bilawal

    Earlier, while speaking to the media before the hearing, Bilawal said that he wouldn't make a political statement in the apex court's premises.

    "Instead, we will wage a political struggle," the PPP chairman said.

    He said that the political parties did not file a legal petition against the NA speaker in court.

    "We haven't dragged the Parliament to the court's doorstep. SCBA filed a petition and nominated us as parties."

    Bilawal further stated that all their hopes are attached to the court because political decisions are taken under the Constitution and laws.

    "We will pursue our Constitutional and legal struggle through lawyers," he added.

    Fazl terms govt 'illegitimate'

    In his address to the media, Fazl said that it is the first time that he is appearing before the SC.

    "This government is illegitimate. Do you want to create sympathy for such an incompetent government," he said.

    Continuing his criticism of the government, Fazl asked if the elected representatives failed that the matters have reached the courts.

    He said that court is also an institution of Pakistan.

    "Is it correct for the history that an election has to be held every three years. Is it correct to reach out to the court against the prime minister?"

    SCBA petition

    In its petition, the SCBA said that all the parties must be restrained from acting against the Constitution of the country.

    It said that both sides had expressed their intentions to gather, and protest at a mass scale in Islamabad in the wake of the vote of no-confidence against the premier and feared that the gatherings may turn violent.