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, 69, 95 & 184(3)---Court not to inquire into proceedings of Majlis-e-Shoora (Parliament)---Scope---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---Plea that at the ruling of the Deputy Speaker was protected from judicial scrutiny under article 69 of the Constitution as it constituted internal proceedings of Parliament---Validity---Ruling of the Deputy Speaker failed to qualify for protection as part of the internal proceedings of Parliament for the purposes of article 69(1) of the Constitution---Said ruling was not the outcome of a vote in the National assembly, instead, it was a unilateral decision taken by the Deputy Speaker at the behest of the Law Minister---Moreover, the Opposition Parties members of the National assembly who had filed a notice for moving the RNC against the PM and granted leave to move the RNC against the PM had crystallised the constitutional right/ obligation for there to be a vote under article 95(2) on the RNC---Such right/obligation could not be defeated or curtailed except by a vote on the floor of the National assembly---Other defects allegedly committed in the internal proceedings of the National assembly by the Deputy Speaker included his failure to hear the members of the Opposition Parties before giving his ruling on the constitutionality of the RNC, and his wrongful assumption of jurisdiction to issue the impugned ruling---as the Deputy Speaker's ruling unilaterally refused the right of vote granted by the Constitution, no immunity under article 69(1) attached to it and the same could be reviewed by the Court---Suo motu proceedings and Constitutional petitions were disposed of accordingly.

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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