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, 58(1), 69, 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---article 95 of the Constitution did not permit the Deputy Speaker to do any business, other than completing the process upon the RNC---Deputy Speaker had already decided to reject the RNC, through his pre-planned ruling, which was drafted before the start of the proceedings in the House---Said ruling deprived the Parliamentarians of their constitutional right for a vote of no confidence against the Prime Minister (P.M.)---Deputy Speaker's act was beyond the mandate of the Constitution, and also based on mala fide, which could not be termed as procedural irregularity, thus, judicial review of his ruling by the Supreme Court would not constitute a breach of the privilege of the Parliament---Without going through the contents of the coded cypher, question was as to how did the Deputy Speaker come to know that there was some conspiracy and by whom---Even if the cypher had any substance, still it could not be made basis for rejection of the RNC---Ruling of the Deputy Speaker was ultra vires the Constitution, and the proceedings upon the RNC in the National assembly stood revived to its previous position---Further the P.M. had no authority to recommend the dissolution of the National assembly, consequently, the notification of the President based upon unauthorized recommendation of the P.M. had no legal authority---action of the Deputy Speaker was biased, on the basis whereof, if the request of the Government to hold fresh elections was accepted, it would amount to giving license to an authority to misuse the extraordinary power of doctrine of necessity.

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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