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The National Assembly on Thursday passed a resolution rejecting the three-member Supreme Court bench’s “minority” verdict in the Punjab elections delay case, making it binding on Prime Minister Shehbaz Sharif and his cabinet to not implement the decision.
Moved by Balochistan Awami Party (BAP) MNA Khalid Magsi, the resolution was approved by a majority of lawmakers present in the House. It stated that the National Assembly, on March 28, had already passed a resolution urging the Supreme Court to avoid “interfering” in political matters, adding that the apex court had rejected multiple requests for the formation of a full court bench to hear the case. It also noted that only one political party—the Pakistan Tehreek-e-Insaf—was heard in the case.
“Completely ignoring the clear resolution of Parliament and the majority decision of the four judges of the Supreme Court, the three-member special bench enforced a minority opinion, which is a violation of the traditions, precedents and procedures of the Supreme Court,” read the resolution, while also expressing concern over a circular issued by the registrar overruling an order issued on suo motu cases.
Raising alarm over the formation of a controversial six-member bench that had quickly closed the case, it reiterated concerns over “undue judicial interference in political matters.” The resolution also claimed the polls ruling had boosted political instability and paved the way for divisions in the federal units.
“This House considers the holding of general elections at the same time throughout the country as per the prevailing procedure mentioned in the Constitution and law for political and economic stability in the country as the solution to all the problems,” it said, and reiterated demands for the formation of a full court bench to review the “wrong interpretation” of Article 63A.
Opposing the resolution, PTI lawmaker Mohsin Leghari questioned whether it was tantamount to contempt of court. “The Constitution prohibits speaking against the judiciary in the House,” he said, warning that any “war” between the Supreme Court and Parliament would be “very dangerous.” While defending the SC ruling, he also lamented that the PTI had not been given a chance to speak and present its opposition prior to voting on the resolution.
Rebutting Leghari, Communication and Postal Services Minister Asad Mahmood—of the Jamiat Ulema-e-Islam (Fazl)—maintained that the apex court was not paying heed to the country’s “political representatives.” Stressing that political parties’ concerns had not been heard in the court, he questioned how they could accept such a “biased” ruling. “We are not saying that decisions should be made according to our will,” he stressed. “However, it seems the judges are taking up the roles of the ECP and Parliament as well,” he said, adding that the resolution would not have been tabled if the CJP had accepted the request for a full court.
Full court needed
Prime Minister Shehbaz Sharif, addressing a gathering at the foundation-laying of the Islamabad Lawyers Complex, also reiterated the demand for a full court to hear the election case, adding the government would accept any verdict rendered by it. However, he said, judges who had recused themselves from the suo motu that had ordered elections should not be part of it.
Lamenting the “doctrine of necessity” that had plagued the judiciary, he said the ruling coalition respected the court, but its decisions should apply equally on everyone. Rejecting the impression that the government was avoiding elections, he maintained that no political party could consider this, as it would collapse its political standing.
Recalling that a court order had required the prime minister to take all decisions in consultation with his cabinet, he regretted that similar democratic principles were not followed by other institutions.