ISLAMABAD    -   The Islamabad High Court (IHC) Tuesday turned down Pakistan Teh­reek-e-Insaf (PTI) petition, challeng­ing the phase-wise acceptance of res­ignations of its Members of National Assembly (MNAs) and declared that the then NA deputy speaker Qasim Suri issued the notification of accep­tance of the resignation “in violation of the Constitution”.

A single bench of IHC com­prising Chief Justice Athar Mi­nallah conducted hearing of the petition moved by PTI central sec­retary general Asad Umar, praying the court to direct the Election Com­mission of Pakistan (ECP) to de-no­tify all the MNAs of PTI and declare the seats as vacant .

The bench stated in its written order that the counsel, despite his able assistance, was not able to per­suade the court that the judgment in the case of Syed Zafar Ali Shah, supra was distinguishable nor that the resignations were dealt in con­sonance with the principles and law highlighted therein. Justice Athar noted, “The purported notification, dated 13-04-2022, was, therefore, issued in violation of the Consti­tution and the principles and law enunciated by the superior courts as highlighted in the aforemen­tioned judgment. Moreover, the Court is satisfied that the process initiated by the worthy Speaker in order to verify the genuineness of the resignations is in consonance with the Constitution and the set­tled principles and law.”

The IHC chief justice declared, “For the above reasons, particularly hav­ing regard to the principles and law highlighted in Syed Zafar Ali Shah’s case, supra, the Court is not inclined to grant the prayers sought in the pe­tition in hand. The petition is merit­less and, therefore, accordingly dis­missed.” In his verdict, Justice Athar referred to the judgment in Syed Zaf­ar Ali Shah’s case and quoted it, “The doctrine of political question, there­fore, guides a Court in ensuring that the Constitution is enforced and im­plemented as intended by its fram­ers. The Court can neither encroach upon nor usurp the powers clearly vested in the other organs, nor allow others to do so. The Court itself is a creation of the Constitution and de­rives its powers there under, and has been entrusted with the function of jealously guarding the scheme of separation of powers as envisaged by the framers.”

The court also mentioned that according to the report submitted on behalf of the National Assem­bly Secretariat, 131 resignation letters were received. Two mem­bers, Mohammad Nawaz Allai and Jawwad Hussain later informed in writing that their resignations were not genuine.