ISLAMABAD: The National Assembly on Thursday passed a resolution rejecting the three-member Supreme Court bench’s “minority” verdict on the Punjab elections and demanding of the prime minister and his cabinet not to implement the decision. The resolution called for full court of the Supreme Court to review the decision.
The resolution was moved by Balcohsitan Awami Party lawmaker Khalid Magsi and approved by a majority of the lawmakers. The National Assembly was chaired by the Speaker Raja Pervez Ashraf.
The members of the Assembly approved the resolution with majority as the Pakistan Tehreek-e-Insaf (PTI)’s Mohsin Laghari opposed it. The resolution states that on March 28, in Note Case No. 1/2023, this house had demanded to avoid unnecessary interference in political and administrative affairs by implementing the majority decision of the four against three judges of the Supreme Court, and to establish the full court. Most of the people also demanded the formation of the Supreme Court, but it was not approved.
The resolution stated that the position of other political parties, except for one, was not heard. The parliament, neglecting the clear agreement of the Parliament and the majority decisions of the four judges of the Supreme Court, imposed a minority opinion of the three-member special bench, which is also a violation of the traditions, precedents, and procedures of the Supreme Court.
According to the resolution, the minority was imposed on the majority, and the decisions of the three-member minority bench are rejected by Parliament, while the decisions of the majority bench are enforced according to the Constitution and the law.
The resolution stated that this session falls under Article 184 (3) of the Constitution of Pakistan, which means that the Supreme Court’s Full Court proceedings are in progress.
The resolution states that this assembly endorses the decision of a three-member bench of the Supreme Court that ordered to stop pending cases under Article 184(3) till formation of rules by full court. The house views with deep concern any efforts to block its implementation through an executive order. The resolution further asserts that this assembly vehemently opposes referring this same judicial decision to another contentious bench for urgent hearing and expresses strong reservations about any such action, which is contrary to the explicit precedents and norms of the Supreme Court, and thus unacceptable.
The resolution also states that this assembly expresses concern over unwarranted judicial interference in political matters, the recent minority decision creating political instability in the country and paving the way for division among federal units. Therefore, this assembly sees the holding of simultaneous nationwide general elections in accordance with the prescribed procedures of the Constitution and the law as the solution to all issues related to political and economic stability in the country.
It demands that the Supreme Court revisit and rewrite Article 63A of the Constitution based on the correct interpretation and through a fresh ruling of the Supreme Court, expressing grave concerns over the erroneous interpretation of the article.
