Imran seeks review of SC decision on no-confidence voting
Islamabad, May 13: Pakistan's former Prime Minister Imran Khan has filed a review petition in the Supreme Court, challenging the latter's decision on April 7 in a suo moto notice on the ruling of the then Deputy Speaker National Assembly Qasim Shah Suri to reject the no-confidence motion.
Khan, also chairman of the Pakistan Tehreek-e-Insaf (PTI), has contested that Article 248 of the Constitution barred any other institution from interfering in the affairs of Parliament. He added that the ruling of the Deputy Speaker on April 3 to reject the no-confidence motion was in accordance with Article 5 of the constitution.
A five-member larger bench of the apex court headed by Chief Justice Umar Ata Bandial had passed a unanimous judgment, declaring the events of April 3, including the Suri, that followed the dissolution of the Assembly, null and void and contrary to the Constitution.
"Article 248 did not make the applicant answerable for exercising any constitutional powers before any court. The bench erred to appreciate the provision of Articles 66, 67 and 69," Khan's petition maintained.
"The Apex Court has erred to appreciate the mandate of the Constitution which ensures that the Parliament as well as the members thereof, the President as well as the Prime Minister are not answerable in exercise of their functions as well as discretionary powers before any court."
The petition stated that the Supreme Court's suo moto notice of a matter related to Parliament is a clear violation of Article 175 of the Constitution. It further maintained that the ruling of then deputy speaker National Assembly was meant to implement Article 5 of the Constitution and had nothing to do with Khan.
"In fact, the Speaker had certified that there was no no-confidence motion pending against Imran Khan. Khan's action to dissolve the assembly were not based on ill-motivation and were not against the Constitution.
"The Honorable Bench of the Apex Court has erred to appreciate that within the proceedings of the house, i.e. Parliament are sovereign, independent and are not amenable to the jurisdiction of the Supreme Court or any other Court under the Constitution," the petition said.
Khan's petition maintains that the Supreme Court is not entitled to intervene in any decision that the Parliament takes. The petition has urged the Supreme Court to review its decision taken on April 7 and dismiss it on the basis of the Constitution.