Not to obey unlawful SC ruling, NA resolution tells PM

Resolution terms court verdict as minority decision n Asks apex court to avoid interfering in political matters n Considers holding elections in country on same day solution to all problems.

ISLAMABAD    –    The National Assembly yesterday passed an un­usual resolution against the three-member Su­preme Court bench’s declaration that the ECP decision to postpone Punjab assembly elec­tions was illegal and made it binding on Prime Minister Shehbaz Sharif and his cabinet not to im­plement the decision.

The resolution was moved by BAP MNA Khalid Magsi and ap­proved by a majority of the lawmakers.

The resolution not­ed that the National As­sembly on March 28 in a resolution had called on the Supreme Court to avoid interfering in political matters. It also noted that multiple sec­tions of the society had called on the apex court to form a full court bench but it was ig­nored and only one po­litical party was heard in the case.

“Completely ignoring the clear resolution of the Parliament and the majority decision of the four judges of the Supreme Court, the three-member special bench im­posed a minority opinion, which is a violation of the traditions, precedents and procedures of the Supreme Court,” noted the resolution.

Reading out the resolution, Ma­qsi continued that the minority was imposed over the majority and that the parliament rejects the decision of the three-mem­ber minority bench and de­clares the decision of the major­ity bench ineffective according to the Constitution and law.

“Such an action is clearly against the traditions and prece­dents of the Supreme Court, and is unacceptable,” he said, adding that the House expressed con­cern over undue judicial interfer­ence in political matters.

The BAP leader maintained that the minority ruling was cre­ating political instability in the country and that the decision has paved the way for division among federating units.

The House considers the holding of general elections at the same time across the coun­try to be the solution to all the problems.

“This House rejecting the minority decision of the three-member bench advises the prime minister and the cab­inet not to obey the unconstitu­tional and unlawful decision,” reads the resolution.

He further said that the NA also expressed serious concern over the misinterpretation of Article 63(A) of the Constitu­tion and its rewriting by the Su­preme Court.

Magsi concluded that the full court of the SC should review the decision.

The Pakistan Tehreek-e-Insaf (PTI) who had moved the apex court against the delay in the Punjab polls, has rejected the NA resolution.

The senior lawmakers from treasury benches after approv­ing the resolution also rejected the decision of Supreme Court in their speeches.

PTI lawmaker Mohsin Leghari, while opposing the resolution, warned that the House was treading on a dangerous path, and asked: “Are we committing contempt of court?”

“The Constitution prohibits speaking against the judiciary in the House,” the PTI leader main­tained. He added that in passing the resolution, the House was “collectively committing con­tempt of court.”

He further warned that a “war” with the Supreme Court would be “very dangerous” and said that a resolution, such as the one tabled should be passed after ra­tional consideration and not un­der the flow of passion.

He defended the SC’s move on the Punjab elections and said that the apex court had announced for elections to be held within 90 days since that was instructed by the Constitution, and expressed concern that 90% of the actions of the House were based on criti­cising PTI Chairman Imran Khan.

Federal Minister for Commu­nication and Postal Services Asad Mahmood “We were not made a party in the court; we were not heard,” he said. “These decisions are being made in someone’s love.”

He asked how the house could be expected to accept the deci­sion of the apex court when its members were not being heard.

“We are not saying that deci­sions should be made according to our will,” Mahmood clarified. “However, it seems that the judg­es are taking up the roles of the ECP and parliament as well.”

Attacking the judiciary for al­legedly taking sides and being impartial, the federal minister ar­gued that the formation of a full bench would have been better.

“If a full court had been de­cided, this resolution would not have been passed today,” he said declaring that the government did not have time to engage with the judiciary in this manner.

“Should we fix the economy of this country or play court with you?” he asked.

Earlier, the house also passed a resolution unanimously con­demning the recent Israeli at­tacks on Al-Aqsa Mosque.

The resolution moved by the PPP leader Naz Baloch said the attacks on women and children are a gross violation of human rights.

The resolution said this House stands in solidarity with the peo­ple of Palestine. It further said that the attacks have hurt the sentiments of Muslims around the world.

The House urged the inter­national community including human rights organizations to break silence on this violence.

The house was informed that the government is engaged with various countries to enhance export of Pakistani workforce abroad.

Minister for Overseas Paki­stanis and Human Resource De­velopment Sajid Hussain Turi, responding to a question during questions-hour session, said that these countries include Belgium, Denmark, Germany, Greece, Iraq, Italy, Kuwait, Lebanon, Libya, Portugal and Romania.

Article source: https://www.nation.com.pk/07-Apr-2023/not-to-obey-unlawful-sc-ruling-na-resolution-tells-pm