RESOLUTION: Last Hope Of The Desperate?

Author: APP

The National Assembly on Thursday in a resolution rejected the apex court’s decision about the Punjab elections and urged the prime minister and the Federal Cabinet not to implement it.

The House called for the review of the decision by the full court and expressed its reservations about “the misinterpretation of Article 63-A of the Constitution as well as its rewriting by the judgment of the Supreme Court”.

The resolution, which was tabled by Parliamentary Leader of Balochistan Awami Party Khalid Magsi and adopted, states: “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.”

Following is the 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 sitting 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.

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