LAHORE: Prime Minister Shehbaz Sharif held a meeting with his legal team and some PML-N leaders on Friday, vowing to hold the parliament ‘supreme’ in the face of apex court decisions regarding elections to the Punjab Assembly and staying implementation of the SC (Practice and Procedure) law.

Legal brains of the party — federal Law Minister Azam Nazir Tarar, Attorney General Mansoor Usman and former law minister Zahid Hamid — briefed the premier about the possible consequences the government could face after the Supreme Court (Practice and Procedure) Act, 2023, became law despite the apex court’s order.

The SC had halted implementation of the bill seeking to curtail the Chief Justice of Pakistan’s (CJP) powers to take suo motu notices and constituting benches. The bill became an act on Friday.

“The PM was told by the government’s legal brains that he is “legally safe” if the SC takes note of the violation of its order, a source told Dawn.

He said the legal team had informed the premier about possible action the SC could take against him for defiance by the government of its order to hold elections to the Punjab Assembly on May 14.

He said Mr Sharif also discussed with the PML-N’s Sardar Ayaz Sadiq and Khwaja Saad Rafique the apex court’s order to evolve a consensus on the date for holding elections to the National and provincial assemblies on the same day.

The SC will resume proceedings on April 27 on petitions for holding elections in Punjab. The SC has made it clear that its order about the May 14 polls in Punjab would remain intact.

Consensus unlikely

“There seems little chance of a consensus between the ruling coalition and the PTI over a date for holding elections for the National and provincial assemblies simultaneously. This fight between parliament and SC will go to the next level, eventually proving disastrous for the democratic set-up” the source feared.

Khurram Chughtai, a lawyer, told Dawn that so far the prime minister had done nothing in violation of any order or judgement of the Supreme Court.

“If there is anything he did which may be considered against any order of the three-member SC bench, we don’t have observations by the judges disapproving of the PM’s actions.

“But on the other hand, four judges had written a dissenting note which serves as a valid defence of the prime minister,” he said.

Khurram Chughtai further said the views expressed during parliament’s proceedings, and votes taken on an issue, enjoy constitutional immunity.

According to the lawyer, Article 69 of the Constitution provides parliamentary privilege to both — proceedings under Article 84 and the notification on promulgation of any legislation.

“Any injunction of the Supreme Court regarding operation of any legislation has no effect on any legislation passed by parliament, Mr Chughtai said.

Published in Dawn, April 22nd, 2023