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Express Tribune
5 days ago
- Politics
- Express Tribune
Speaker puts brakes on PTI MPAs disqualification move
Listen to article Punjab Assembly Speaker Malik Muhammad Ahmad Khan apparently put the matter of PTI disqualifications to rest on Saturday by ruling the disqualification applications against 26 suspended lawmakers as non-maintainable, but by passing the buck to the judiciary and election tribunal. The sword of litigation still dangles over the suspended lawmakers, with the speaker making it clear that while his doors were not closed, the petitioners must first knock on the right ones, by securing a declaration from a court of competent jurisdiction before revisiting his office. In a move seen as a political de-escalation, the speaker has dismissed the applications filed against 26 suspended opposition lawmakers, following a successful round of talks between the treasury and opposition benches. A six-page ruling signed by the speaker outlines the rationale for rejecting the four separate applications, which sought to disqualify the PTI-affiliated MPAs over their disorderly and abusive conduct during the budget session. The move to dismiss the applications gained momentum after recent behind-the-scenes negotiations between government and opposition leaders bore fruit. According to sources, the reinstatement of the suspended MPAs is now expected soon. It is noteworthy that Speaker Khan had earlier suspended the 26 PTI lawmakers under Rule 210(3) of the Rules of Procedure of the Provincial Assembly of the Punjab, 1997, following their disruption of Chief Minister Maryam Nawaz's speech on June 27. In his detailed ruling, Speaker Khan noted: "Though serious legal and constitutional violations, including constitutional oath, have been alleged by the applicants, these violations first need to be established in a court or tribunal of competent jurisdiction before I could decide whether a question of qualification has arisen in terms of Article 63(2) of the Constitution and refer the question to the Election Commission of Pakistan." "The people are the source of all power, and through their vote, they confer trust — not to be undone without the gravest reasons. To disqualify a representative is not merely to silence a voice — it is to disenfranchise people. For an elected House is not only a chamber of laws; it is the echo of the people's will. That voice must not be silenced," he added. The speaker ruled that references to past cases, such as the Panama Papers and other disqualification jurisprudence under Articles 199 and 184(3) of the Constitution, were not valid in the current context. Such petitions, he noted, could undermine freedom of speech in the House and nullify the opposition's presence. Article 19 protects robust debate — even if abrasive — subject to reasonable legal restrictions. "These restrictions are found in our Rules, not in threats of permanent disqualification. Let the welfare of the people be the supreme law, the Assembly must remain a forum where dissent is voiced, not extinguished," the ruling stated. Speaker Khan stressed that the welfare of the electorate is best preserved when the House handles internal disorder itself, without disenfranchising voters' chosen representatives. He also expressed concern about many members' lack of familiarity with assembly rules, legislative processes, and the effective use of standing committees. He called for targeted training to uphold parliamentary supremacy and democratic accountability. "As elected representatives, we must legislate responsibly, put an end to political victimisation, and work together to uphold the supremacy of the people's Assembly and protect our democracy. Political parties are, after all, the true guardians of democracy and the responsibility to uphold the democratic functioning of the House lies with all of them collectively," the speaker added. He called for inter-party dialogue reminiscent of the Charter of Democracy to ensure the Assembly functions effectively as a space for public interest and genuine debate. Referring to political theory, Khan noted: "Modern societies are built upon dialogue; as Jürgen Habermas wrote, 'The public sphere is that realm of our social life in which something approaching public opinion can be formed,' underscoring that free, inclusive and reasoned discourse within parliaments forms the bedrock of democratic communities. Safeguarding this vital exchange of ideas is indispensable for our collective democratic future." In a strong critique of constitutional clauses historically used to undermine democracy, Speaker Khan declared: "As Speaker and a political worker, I firmly oppose anti-democratic constitutional provisions. This includes the infamous Article 58(2)(b), and Articles 62 and 63, all imposed by authoritarian dictators, notably General Zia-ul-Haq. These Articles have historically been weaponised to unjustly target elected politicians. We must end this vicious cycle; the Panama Case cannot become another tool like Article 58(2)(b). Otherwise, we succumb to Nietzschean nihilism, believing time is a flat circle and we are condemned to repeat mistakes." He asserted that misuse of these Articles undermines the constitutional right to political association and representation under Article 17. Disqualifying elected representatives on allegations or technicalities violates the presumption of innocence, disenfranchises voters and erodes the legitimacy of parliament. "The disqualification of elected representatives has deep roots in Pakistan's history. Early examples are the Public Representative Offices Disqualification Act 1949, and Elective Bodies Disqualification Order (EBDO) 1959. These 'backdoor tools' have consistently served non-democratic elements," the speaker stated. He criticised political parties for occasionally abetting such practices, citing the Panama "show trial" as an example of judicial overreach that continues to affect the political landscape through undemocratic means. "This destructive chain must be broken," Speaker Khan emphasised. "The very fact that the Constitution has been exploited this way means such challenging questions can be, and have been raised." He called upon the federal parliament to remove such dictatorial remnants from the Constitution to reclaim democratic values. Concluding his remarks, Speaker Khan affirmed: "During my tenure as Speaker, I will work to uphold parliamentary rule and the principles of representative constitutional democracy, as envisioned by our great Islamic Republic's founding fathers."
Express Tribune
5 days ago
- Politics
- Express Tribune
PA speaker tosses disqualification bid of 26 MPAs into judicial arena
Listen to article Speaker Punjab Assembly, Malik Muhammad Ahmad Khan, has declared inadmissible the applications submitted by treasury lawmakers seeking the disqualification of 26 Pakistan Tehreek-e-Insaf (PTI) MPAs suspended for alleged abusive and violent conduct. Instead, he advised the petitioners to obtain a declaration from a court or tribunal of competent jurisdiction before approaching the Speaker again. Speaker Khan made the decision under Rule 210(3) of the Rules of Procedure of the Provincial Assembly of the Punjab, 1997. The 26 PTI lawmakers had been suspended following their disruption of Chief Minister Maryam Nawaz's speech on 27 June. In his detailed ruling, the Speaker stated, 'Though serious legal and constitutional violations, including breach of constitutional oath, have been alleged by the applicants, these violations first need to be established in a court or tribunal of competent jurisdiction before I could decide whether a question of qualification has arisen in terms of Article 63(2) of the Constitution and refer the question to the Election Commission of Pakistan.' Read More: Punjab speaker moves to disqualify 26 MPAs He further added, 'The people are the source of all power, and through their vote, they confer trust—not to be undone without the gravest reasons. To disqualify a representative is not merely to silence a voice—it is to disenfranchise people. For an elected House is not only a chamber of laws; it is the echo of the people's will. That voice must not be silenced.' Speaker Khan rejected the reliance placed by applicants on precedents such as the Panama Papers case and related jurisprudence under Articles 199 and 184(3), calling such comparisons 'not maintainable for constitutional and democratic reasons.' He warned that entertaining such petitions would erode the freedom of speech within the House and effectively nullify the opposition's role. Citing Article 19, he emphasised that robust—even abrasive—debate is protected, 'subject to reasonable restrictions imposed by law,' which are outlined in assembly rules, not by threats of permanent disqualification. He said, 'Let the welfare of the people be the supreme law. The Assembly must remain a forum where dissent is voiced, not extinguished. The electorate is best served when the House disciplines disorder internally while preserving the electorate's chosen representation.' Highlighting the need for improved legislative performance, the Speaker noted that many members lack awareness of assembly rules, legislative procedures, and the effective use of standing committees. He stressed the importance of targeted training to ensure the Assembly upholds parliamentary supremacy and serves the public interest. 'As elected representatives, we must legislate responsibly, put an end to political victimisation, and work together to uphold the supremacy of the people's Assembly and protect our democracy,' he said. Calling for inter-party dialogue in the spirit of the Charter of Democracy, he said, 'Political parties are the true guardians of democracy. There should be meaningful dialogue among all parties on the effective functioning of the Assembly to ensure that it serves the interests of the people and remains a forum for genuine debate and cooperation.' Also Read: Punjab speaker agrees to dismiss references against suspended PTI MPAs Speaker Khan strongly criticised certain constitutional provisions, particularly Articles 62, 63, and the defunct Article 58(2)(b), labelling them as relics of authoritarian regimes. 'These provisions, imposed by dictators such as General Zia-ul-Haq, have historically been weaponised to unjustly target elected politicians. We must end this vicious cycle. The Panama Case must not become another tool like Article 58(2)(b), or we risk falling into a nihilistic cycle where we repeat the same mistakes,' he said. He warned against disqualifications based on mere allegations or technicalities, which violate the presumption of innocence and erode parliamentary legitimacy. Citing past examples such as the Public Representative Offices Disqualification Act of 1949 and the Elective Bodies Disqualification Order (EBDO) of 1959, he said such 'backdoor tools' have consistently served non-democratic elements, often with political parties complicit. He termed the Panama case a 'show trial' and said its use as a precedent undermines constitutional rights to political association and representation under Article 17. 'This destructive chain must be broken,' he said. 'The very fact that the Constitution has been exploited this way means such challenging questions can be—and have been—raised.' He concluded by vowing to uphold parliamentary rule and the principles of representative democracy: 'During my tenure as Speaker, I will work to uphold parliamentary rule and the principles of representative constitutional democracy, as envisioned by our great Islamic Republic's founding fathers.'
Business Recorder
08-07-2025
- Politics
- Business Recorder
Not in favour of expelling any member: Punjab assembly speaker
LAHORE: Speaker of the Punjab Assembly Malik Muhammad Ahmad Khan has said that he is not in favour of expelling any member from the House. However, under Articles 62 and 63 of the Constitution, it is the constitutional right of the petitioners to have their applications decided within 30 days. He made it clear that if these applications are not resolved within the stipulated time, they will automatically be forwarded to the Election Commission. Addressing a press conference at the Punjab Assembly Media Hall, S Malik Ahmad Khan said that he believes in the supremacy of the Constitution and has always strived to run the Assembly according to the rules and regulations. He emphasised that despite being one of the strongest critics of Articles 62 and 63, it is his constitutional duty to implement them in light of the Supreme Court's rulings. The Speaker said that the opposition had been given every possible democratic space in the past— from chairing standing committees to leading the Public Accounts Committee— but unfortunately, it turned the Assembly into a forum for constant disruption. He noted that the opposition is portraying disorder as a political right, but there is no such provision in the Constitution. Parliament is meant for legislation, not protest. If there is disruption during the Order of the Day, proceedings will move forward as per the law. He further said that the Leader of the Opposition, after consulting constitutional expert Salman Akram Raja, claimed that the Speaker does not have the authority to send a reference. However, the judgment by Justice Asif Saeed Khosa in the Panama Papers case clearly establishes that if members violate their oath, the Speaker must either make a decision or refer the matter to the Election Commission. The speaker categorically stated that he does not believe in the politics of disqualifying anyone, as practiced by Pakistan Tehreek-e-Insaf. However, if anyone violates constitutional boundaries or undermines the discipline of the House against party decisions, he will not hesitate to take action. He added that he holds no grudge against any party or leader but is committed to upholding the sanctity of the House. 'Any member who violates their constitutional oath will inevitably face action.' The Speaker stated that such actions in the past have laid the foundation for undermining democracy in Pakistan. 'I do not politicise disqualification,' he said, 'but if a reference is received under Article 63 (2) of the Constitution, it must be decided accordingly.' He hoped that the government and opposition will engage in meaningful dialogue in the coming days to improve the atmosphere of the House, so that the Punjab Assembly can truly serve as the representative forum of the 120 million people of the province. Copyright Business Recorder, 2025
Express Tribune
07-07-2025
- Politics
- Express Tribune
Punjab speaker emphasises Parliament's role for legislation, not protest
Punjab Assembly Speaker Malik Muhammad Ahmad Khan emphasised on Monday that the parliament's primary function is to legislate, not protest, defending his move to file disqualification references against 26 opposition lawmakers. Addressing a press conference on Monday, he referred to recent disruptions in Assembly, stating that the opposition had turned the house into a platform for protests rather than constructive debate. He said that while he is not in favour of expelling any member, it is within the constitutional right of petitioners to have their applications decided within 30 days, as per Articles 62 and 63 of the Constitution of Pakistan. Read: Punjab speaker moves to disqualify 26 MPAs Articles 62 and 63 of the Constitution refer to required qualifications for members of assembly as well as grounds for disqualification. Earlier, Khan had filed disqualification references with the ECP against 26 opposition MPAs from the Sunni Ittehad Council (SIC) for "disparaging the sanctity of the house". Speaking to the media, Khan confirmed the development, stating that those who violate the house's sanctity would face action. He condemned the use of abusive language and violence in the assembly, describing it as an anti-democratic attitude. He also referenced Article 63 of the Constitution, which outlines disqualification criteria, and emphasised that MPs take an oath to protect the Constitution. Khan vowed to continue fighting for the Constitution's protection, stating that maintaining order in the House is his duty. He added that he had shown patience for over a year and needed to justify his role as speaker. Khan stressed that if these applications are not resolved within the stipulated period, they will automatically be forwarded to the Election Commission of Pakistan (ECP). "Parliament is meant for legislation, not protest," he said, criticising opposition members for continuous disruptions in the house. He added that if there is disorder during the order of the day, proceedings will continue under the law. The Speaker further addressed claims from the Leader of the Opposition asserting that the Speaker lacks the authority to send a reference. Khan referred to the Panama Papers case judgment by Justice Asif Saeed Khosa, which establishes that if members violate their oath, the Speaker is bound to either make a decision or refer the matter to the ECP. Khan reiterated that "if a reference is received under Article 63(2) of the Constitution, it must be decided accordingly". He expressed hope for future dialogue between the government and opposition to improve the atmosphere in the Assembly. He reaffirmed his commitment to upholding the sanctity of the house and ensuring that legislative processes are respected.
Business Recorder
04-07-2025
- Politics
- Business Recorder
Court reserves verdict on Shehbaz plea
LAHORE: A session's court on Thursday reserved its verdict on Prime Minister Shehbaz Sharif's petition to make the legal notice a part of the record in his defamation suit against PTI former Chairman Imran Khan. The court will announce its verdict on PM Shehbaz's plea on July 10. Earlier, the defendant's counsel stated that the suit mentioned a legal notice was sent to his client on May 08, 2017, but no such notice was attached with the document. PM Shehbaz had sought permission to present the legal notice before the court. PM Shehbaz in his defamation suit filed in 2017 said that Imran Khan levelled baseless allegations on him. He said Imran Khan accused him of offering Rs 10 billion through a common friend in exchange for withdrawing the case of Panama Papers from the Supreme Court. He sought a decree for recovery of Rs 10 billion as compensation from the defendant for publication of defamatory content. Copyright Business Recorder, 2025
