ISLAMABAD: Pakistan's opposition parties on Sunday accused Prime Minister Imran Khan of orchestrating a "coup" against the country and its constitution in a joint statement issued after the dissolution of the National Assembly.
Earlier in the day, the assembly's deputy speaker Qasim Suri disallowed a no-confidence motion against Prime Minister Imran Khan from being put to a vote, saying it was part of a conspiracy to bring down the government which had been hatched by a foreign power. Subsequently, President Dr Arif Alvi dissolved the assembly on the prime minister's advice.
"[Prime Minister] Imran [Khan] Niazi has openly launched a coup against the country and its constitution, the punishment of which is listed in Article 6," said the opposition’s statement, adding: "Today is the darkest day in the history of the country in which rebellion against the constitution, democracy, law and political ethics has taken place."
Opposition parties condemned the national assembly speaker and other government functionaries and described them as "violators of the constitution."
It also applauded the Supreme Court for taking notice of the present political situation, adding the opposition and people of Pakistan were "hopeful" that the superior judiciary would "stand with the constitution."
"A full court should hold its hearing on the government's illegal action against the no-confidence motion and violation of constitution in today’s session of the National Assembly," the statement added.
Meanwhile, a close aide to Khan said on Sunday he would continue his duties as premier while the federal cabinet stood dissolved, after the deputy speaker of parliament blocked a no-confidence vote against Khan, calling it "unconstitutional."
“The prime minister will continue his duties under Article 224 of the constitution,” former information minister Chaudhry Fawad Hussain said, referring to a constitutional provision that deals with the running of the government once the national assembly is dissolved. “The cabinet has been dissolved.”
Deputy Attorney General of Pakistan Raja Khalid Mehmood resigned from his post in what he called an act of protest against the government’s "unconstitutional act."
Justice (retd) Shaiq Usmani also called the government’s moves “totally unconstitutional” and called on the Supreme Court to adjudicate.
"The ruling of the speaker cannot be challenged in the courts, but since deputy speaker has rejected the no-confidence motion with reference to a constitutional article, therefore the supreme court can intervene to decide if the speaker's ruling is legal."
"As per the constitution, Imran Khan will continue to hold the position of prime minister till an interim prime minister is appointed or this constitutional crisis is resolved," Usman said. "He will be a dictator with no cabinet. The cabinet now stands dissolved."
"There are no ifs and buts, The Speaker’s ruling is blatantly unconstitutional,” Reema Omer, Legal Advisor, South Asia, at the International Commission of Jurists said. “Imran Khan has no authority to advise the President to dissolve the National Assembly. Dissolving the assembly on the advice of a person who has no authority to do so has no constitutional basis.”
“This is not a tactical win-lose situation, it is a strategic crisis that has put our constitutional framework at stake,” editor and commentator Fahd Hussain said. “This is beyond politics now.”
The Supreme Court is currently considering whether the deputy speaker’s ruling and dissolution of the national assembly are constitutional, Pakistani media widely reported, and will take up the matter tomorrow, Monday.
"Strictly legally speaking, the prime minister cannot advise the president to dissolve National Assembly after a no-confidence motion is moved. But in this case, the speaker has first rejected the no-confidence motion through a ruling which cannot be challenged in the courts," Barrister Ahmed Pansota told Arab News.
"It's up to the Supreme Court now as to how it would adjudicate on the issue. This may take weeks, and even if the Supreme Court restores the assembly, the government will again be the in-charge to handle it."
Article 224 says a general election to the National Assembly or a Provincial Assembly will be held within a period of sixty days "immediately following the day on which the term of the Assembly is due to expire, unless the Assembly has been sooner dissolved, and the results of the election shall be declared not later than fourteen days before that day."
"On dissolution of the Assembly on completion of its term, or in case it is dissolved under Article 58 or Article 112, the President, or the Governor, as the case may be, shall appoint a care-taker Cabinet.
"Provided that the care-taker Prime Minister shall be selected by the President in consultation with the Prime Minister and the Leader of the Opposition in the outgoing National Assembly, and a care-taker Chief Minister shall be appointed by the Governor in consultation with the Chief Minister and the Leader of the Opposition in the outgoing Provincial Assembly.
"Provided further that the Members of the Federal and Provincial caretaker Cabinets shall be appointed on the advice of the care-taker Prime Minister or the care-taker Chief Minister, as the case may be."
