Pakistan: Imran Khan govt files plea against SC order on NA

According to The Express Tribune, the Pakistan Tehreek-e-Insaf (PTI) prayed, "SC may review, recall and set aside the Impugned Order dated 07.04.2022 passed in the captioned cases which are based on errors floating on the surface, therefore, the impugned order may kindly be recalled and the captioned causes be dismissed/discharged".

The government further said that the 'impugned order be suspended' for the time being.

The review petition stated that the order, in the absence of any detailed reasons, is not a judicial determination in the context of Article 184(3) read with Article 189 of the Constitution of the Islamic Republic of Pakistan, The Express Tribune reported.

It said, "In the absence of the determination in the stated Presidential Reference, the impugned order has prejudiced the proceedings of the Presidential Reference and has blemished the entire proceedings directed to be held on 09.04.2022 without any determination therein."

The petitioner pointed out that the SC has "erred to appreciate that within the proceedings of the house, the Parliament are sovereign, independent and are not amenable to the jurisdiction of the Supreme Court or any other Court.

The impugned Order is in complete violation of the law laid down through all the prior judgments on the subject as referred before the Honourable Bench hearing these causes."

Earlier, the SC had termed the dissolution of Assembly null and void and said, "In consequence of the foregoing, it is declared that at all material times the Prime Minister was under the bar imposed by the Explanation to clause (1) of Article 58 of the Constitution and continues to remain so restricted. He could not, therefore, have at any time advised the President to dissolve the Assembly as contemplated by clause (1) of Article 58." The Supreme Court also "declared that the assembly was in existence at all times, and continues to remain and be so".

(With UNI inputs)