PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law an

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PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts. 5, 6, 53(3), 58(1), 95 & 184(3) & Preamble---Rules of Procedure and Conduct of Business in the National assembly, 2007, R. 37---Resolution for vote of no-confidence against the Prime Minister ("RNC")---Deputy Speaker of National assembly gave a ruling under article 5 of the Constitution to dismiss/reject the pending RNC and consequently did not allow voting on the same on the basis that the RNC was linked with and had nexus with efforts of a foreign State to bring about change of Government in Pakistan---Constitutionality---Deputy Speaker in rejecting the resolution exercised a jurisdiction not vested in him and his unilateral act was unconstitutional and without lawful authority---Once the matter was fixed for voting, the Speaker had no power and lawful authority to avoid voting or reject the resolution without voting---Furthermore the session of the National assembly wherein the impugned ruling was given was presided over by the Deputy Speaker without any explanation why the Speaker did not preside over---Such act of both the Speaker as well as the Deputy Speaker was against the provisions of article 53(3) of the Constitution---Since the impugned ruling was null and void, the RNC would be deemed to be pending before the National assembly and the Prime Minister would continue to suffer from disability under Explanation of article 58(1) to advise the President to dissolve the National assembly---any order by the President to dissolve the National assembly on the advice of such a Prime Minister was also void---Supreme Court observed that for the blatant transgression of the Constitution by the President, Prime Minister, the Speaker, the Deputy Speaker and the Law Minister there must be consequences; that series of acts by the said office holders were not performed in the ordinary course of business but the same were result of premeditation and deliberations in order to defeat the RNC while playing fraud on the Constitution; that whether the stated acts attracted article 6 of the Constitution was left open to be determined by the Parliamentarians.

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts — 2022 PLD 574 SUPREME-COURT

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