Pakistan SC returns plea seeking deferral of no-trust vote against Imran Khan

Pakistan Supreme Court (SC) today returned a petition seeking its direction to the National Assembly Speaker Asad Qaiser to suspend the proceedings of no-confidence motion against Prime Minister Imran Khan.

Advocate Naeemul Hassan filed the petition under Article 184(3) of the Constitution and requested an inquiry commission comprising three judges of the Supreme Court or three chief justices of High Courts to hold inquisitorial proceedings with regard to the alleged anti-state activities of the respondent political parties against the democratically and legally elected government.

According to media reports, the petitioner also prayed the apex court to direct the commission to hold a day-to-day hearing, collect, analyse and appreciate all the incriminating evidence in possession of the federal government and its security institutions.

"The commission should then report to the apex court for appropriate directions to be given against any involved members of political parties in this unconstitutional and unlawful act against the government and state of Pakistan", the petitioner added.

The petitioner further prayed to declare and direct that the "resolution of no-confidence" is tainted, malafide and utterly without jurisdiction for being motivated by treason as well as sedition and aided by the foreign powers; a direction being in line with PLD 2005 SC 873".

The court registrar's office returned the petition citing the instant petition was not maintainable on the grounds that the petitioner had not pointed out as to what questions of public importance in the instant case were involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution.

It was also objected that ingredients of invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution had not been satisfied, adding that the notice issued to the respondents has not been properly drawn, as it is neither mentioned therein that for what purpose this constitutional petition is being filed before this court nor a copy of the petition has been provided to the respondents.

The Registrar Office further stated that under Article 69 of the Constitution of Pakistan 1973, the validity of any proceedings in parliament could not be called into question.

Similarly, the office pointed out that the petitioner had not approached any other appropriate forum available under the law for the same relief and had also not provided any justification for not doing so.