Chief Justice of Pakistan (CJP) Qazi Faez Isa has expressed serious concerns regarding the actions of former National Assembly deputy speaker Qasim Khan Suri, suggesting that Suri may be liable for allegedly abrogating the Constitution. The CJP’s remarks stem from Suri’s role in proroguing the assembly session without allowing a vote on the no-confidence motion against former Prime Minister Imran Khan.
The issue dates back to the deputy speaker ruling case, where former Justice Mazhar Alam Miankhel had observed that the conduct exhibited by the deputy speaker was unbecoming of his prestigious position and suggested that it might be a matter of constitutional concern. Justice Miankhel stated, “It was for the parliament to consider whether the act by the deputy speaker attracts Article 6 (high treason) of the Constitution or not.”
The Supreme Court had already denounced the ruling of the deputy speaker on April 3, 2022, as contrary to the Constitution, and on Tuesday, CJP Isa, who presided over a three-judge bench, summoned Qasim Suri to appear in person. Suri has been directed to file a concise statement when the case is taken up next month.
Additionally, the court has requested a report within three weeks on why Suri’s appeal, challenging his de-seating by the election tribunal through a September 27, 2019 order, remained pending before the court. The Supreme Court had separated Suri’s appeal from 17 different election petitions on March 2, 2022, allowing him to remain a member of the assembly on a stay order.
During the hearing, senior counsel Naeem Bukhari, representing Qasim Suri, argued that the case had become infructuous as his client had resigned on April 16, 2022. However, the CJP expressed his displeasure at the case remaining pending for five years, allowing Suri to enjoy perks and privileges as the deputy speaker. The CJP criticized Suri for being responsible for the constitutional crisis and questioned the manipulation of the internal system of the Supreme Court that prevented the matter from being fixed for hearing.
In response, Naeem Bukhari contended that the apex court had suspended the tribunal’s decision in 2019, but the CJP challenged this assertion, emphasizing that the court had issued the stay order at the counsel’s request.
The Chief Justice highlighted the importance of upholding the Constitution, promising to end interference in the internal system of the Supreme Court. He warned that anyone found violating the Constitution would have to face consequences, and he hinted at the possibility of reviewing the entire 2018 general elections if discrepancies persisted. The CJP emphasized that any damage to the institution is a collective concern and vowed to ensure that the Supreme Court remains an entity that belongs to everyone.