Islamabad: Finding no fault in the procedure adopted by the Speaker of the National Assembly for accepting resignations of PTI MNAs, the Supreme Court on Thursday recommended the party to join the National Assembly.

The Supreme Court - while hearing several cases - has time and again urged the Imran Khan-led party to return to parliament since its ouster.

On 13 September, the PTI moved the apex court against the 6 September order of the Islamabad High Court (IHC) rejecting the party's plea against the "partial" acceptance of the resignations of its legislators.

The petition was heard today by a two-judge SC bench comprising Chief Justice Umar Ata Bandial and Justice Ayesha Malik.

Today's hearing:

During today's hearing, the apex court said that the IHC has given a clear decision on accepting resignations of MNAs in a phased manner.

"The speaker has a legal right to accept the resignation of the MNA. Prima facie, if the speaker's rights are interfered with, it will attract Article 69," the court said.

"Convince the court that the High Court decision had some drawbacks," he told PTI's lawyer Faisal Chaudhry, adding that people had elected his clients for a five-year term and the party should play its role in Parliament.

"Your [PTI's] real responsibility is to play your role in Parliament. Millions of people have been affected by the floods," the CJP told the lawyer, shedding light on the grim situation in the country.

CJP Bandial said that flood affected people do not have water to drink and people from foreign countries are coming to Pakistan to help them.

"You will also have to look at the economic situation of the country. Does the PTI have any idea how much it will cost to hold a by-election with 123 seats?" he asked.

The CJP added that IHC CJ Minallah gave his decision after deep legal considerations. "If the court intervenes, it will make it difficult for the speaker to do his job."

The Supreme Court then directed PTI's counsel to inform the bench after taking instructions from the party leadership.

CJP Bandial advised PTI that they should not rush to get their resignations.

Justice Ayesha Malik also noted that lawmakers can approach the court individually. She asked, "In what capacity are you demanding the acceptance of resignations all at once?"

Then the CJP asked, “What is your real purpose? If elections are held for 123 seats, how will PTI benefit from it?

At the same time, the PTI lawyer demanded that the by-elections should be held in all 123 constituencies simultaneously.

'Pick and choose the policy adopted to target PTI'

“This pick and choose policy is adopted to target PTI,” the lawyer added.

Then Vice Chairman Qasim Suri accepted the resignations of 123 PTI MNAs, the lawyer said, arguing, "Once the resignations are approved, they cannot be verified again."

The decision taken by Suri seems to have the same intention as he did on the no-confidence motion, the CJP observed

"No name is mentioned in Suri's decision," said Judge Ayesha Malik.

"Submitting resignation is an individual act of a member, how can PTI come to court as a party?" she asked.

"Prima facie, no error in speaker's conduct"

The CJP asked, "Why do you want the court to issue a stay order on the by-polls for the 11 National Assembly seats?"

PTI's counsel replied that elections cannot be held in the selected constituencies.

"Have you ever asked a speaker why he doesn't accept resignations?" asked the CJP.

The Chief Justice noted that they cannot interfere with the speaker's authority.

“Every institution has its limitations,” the CJP observed.

The turnout in by-elections is low, CJP Bandial said, adding that the cost of by-elections in 123 constituencies at once will be very high.

According to the Constitution, the first duty of elected members is to attend the assembly, the CJP observed.

"It is possible that you will get a political advantage from the election, but the speaker's action is not wrong on the face of it," the CJP observed.

Meanwhile, the court adjourned the case indefinitely.


Fawad answers SC

Reacting to SC's remarks, PTI Senior Vice President Fawad Chaudhry claimed that Pakistan's economy had suffered a loss of billions of dollars due to the "regime change operation".

The PTI leader was referring to his party's claim that their government was overthrown by the US through a "regime change operation" in which the current government also played a role.