The National Assembly on Thursday passed a resolution to reject decision of three-member bench of the Supreme Court in a case related to delay in the Punjab election.
The three-member bench headed by Chief Justice Umar Ata Bandial had declared the Election Commission of Pakistan’s order regarding delay in polls in Punjab “unconstitutional” and fixed May 14 as new date for the election in the province.
However, the Federal Cabinet unanimously rejected the decision of the Supreme Court’s three-member bench on the polls’ delay case in Punjab saying the verdict is not “enforceable”.
Addressing the coalition parties meeting, Prime Minister Shehbaz Sharif said the decision was not implementable.
The matter was today taken up by the NA which passed a resolution on the matter urging the prime minister not obey the “unconstitutional order” of the court.
The resolution was moved by Balochistan Awami Party legislator Khalid Magsi, who read it out on the floor of the house.
قومی اسمبلی کے اجلاس میں سپریم کورٹ کے تین رکنی بینچ کے الیکشن کے فیصلے کے حوالے سے قرارداد پیش
خالد مگسی کی طرف سے پیش کردہ قرار داد کو منظور کرلیا گیا pic.twitter.com/Yt17sLRTmT
— National Assembly of 🇵🇰 (@NAofPakistan) April 6, 2023
The resolution states that “this House rejects the minority decision of the three-member bench and binds the prime minister and the cabinet not to implement the unconstitutional and unlawful decision.”
Text of the resolution:
“That in the resolution passed by the Honorable House on March 28, 2023, supporting the majority decision of the four judges of the Supreme Court in Suo motu Case No. 1/2023, the Supreme Court was demanded to implement it and avoid undue interference in political and administrative affairs. Most of the circles also demanded the formation of a full court but it was not approved and the viewpoint of other political parties except one was not heard. Ignoring this 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 also a violation of the Supreme Court’s own traditions, precedents, and procedures. The Parliament rejects the decision of the three-member minority bench and declares the decision of the majority bench enforced as per the constitution and law. This setting supports the decision of the three-member bench of the Supreme Court not to set the cases filed under Article 184 (3) of the Constitution of Pakistan for their hearing till the decisions on the full court meeting and it views with deep concern the move to stop its implementation through the executive circular. This House also expresses serious concerns over the hastily fixing the same judicial decision for hearing before another controversial bench and giving a quick decision on it in a few minutes. The House terms this step clearly against the traditions as well as precedents of the Supreme Court and declares it unacceptable. This House expresses its concern over undue judicial interference in political matters. The recent minority judgment is creating political instability in the country and paving the way for division into federal units. Therefore, this House considers the holding of general elections at the same time throughout the country as per the procedure laid down in the constitution and law crucial for political and economic stability in the country and terms it as a solution to all the problems. This House rejects the minority decision of the three-member bench and binds the Prime Minister and the Cabinet not to follow this unconstitutional and unlawful decision. This House expresses serious concern over the misinterpretation of Article 63-A of the Constitution as well as its rewriting by the judgment of the Supreme Court and demands review on it by the full court.”
