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

Case information

Citation: 2022 PLD 574 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN PEOPLES PARTY PARLIAMENTARIANS (PPPP) VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad arts. 5, 95 & 184(3)---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 a secret coded message ("cypher") received from Pakistan's ambassador posted at a foreign capital proved that the RNC was linked with and had nexus with efforts of a foreign State to bring about change of Government in Pakistan---Constitutionality---Contents of the cypher were not shown either to the Supreme Court or the members of the National assembly ("Na") who were accused of being involved in a foreign conspiracy against Pakistan---Deputy Speaker's ruling failed to refer to any person in Pakistan, by name or otherwise, who was alleged to be involved in a scheme with a foreign State to move the RNC---In the absence of cogent, reliable and relevant evidence showing the RNC to be contrary to article 5 of the Constitution on account of being a product of collusion between its movers and the representatives of a foreign State, the alleged contravention of article 95 of the Constitution by the Deputy Speaker was not protected from judicial scrutiny on the claim of national security---Deputy Speaker not only disregarded the provisions of article 95 of the Constitution but also ruled on article 5 which was a matter outside his cognizance and jurisdiction.

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