IN THE SUPREME COURT OF PAKISTAN 
(Original Jurisdiction) 
 
 
PRESENT: 
 
Mr. Justice Umar Ata Bandial, CJ 
 
Mr. Justice Ijaz ul Ahsan 
 
Mr. Justice Muhammad Ali Mazhar  
 
SUO MOTO CASE NO.1 OF 2022 
(Re: ruling by the Deputy Speaker of the National Assembly under 
Article 5 of the Constitution qua voting on No-confidence Motion  
against the Prime Minister of Pakistan) 
 
 
In attendance: 
 
 
 
 
 
For the Petitioner(s) 
: Mr. Khalid Javed Khan,  
Attorney General for Pakistan. 
Mr. Sohail Mehmood, Addl. AGP.,  
Mr. Ahsan Bhoon, ASC/  
President, SCBA. 
Mr. Farooq H. Naek, Sr. ASC.  
Sardar Muhammad Latif Khan 
Khosa, Sr. ASC.   
Dr. Babar Awan, Sr. ASC.  
Mr. Azam Nazeer Tarar, ASC.  
Mr. Kamran Murtaza, Sr. ASC.  
 
 
 
Date of Hearing 
: 03.04.2022 
 
O R D E R 
 
 
 
Office has initiated a note stating events that took 
place today in the National Assembly and have been widely 
reported on electronic and social media that motion of no-
confidence against the Prime Minister of Pakistan was to be 
voted upon by the National Assembly today i.e. 03.04.2022. 
However, reportedly the (Deputy) Speaker of the National 
Assembly has dismissed the said motion in the light of Article 5 
of the Constitution of 1973. The following order was passed on 
the note in chambers: 
“Several Hon. Judges of the Court have met me earlier 
today to share their concern about the constitutional 
situation following the rejection of the motion of no 
confidence against the Prime Minister by the Deputy 
Speaker today on the basis of Article 5 of the Constitution. 
In view of the above consensus, power under Article 184(3) 
of the Constitution is invoked to initiate original 
SMC No.1 of 2022 
2
proceedings before the Court. To be heard by Bench 
comprising CJP, Ijaz-ul-Ahsan, J and Muhammad Ali 
Mazhar, J.”    
2. 
 
The matter was accordingly registered as SMC No.1 
of 2022 and fixed for hearing today.  
3. 
 
The hearing was attended by the learned Attorney 
General for Pakistan, the President of the Supreme Court Bar 
Association along with the other learned counsel representing 
different parties noted in the title of the order. 
4. 
 
At the outset, notice is issued to the learned 
Attorney General for Pakistan under Order XXVIIA CPC on the 
constitutionality of the decision of the Deputy Speaker today to 
dismiss the motion of no confidence on the basis of Article 5 of 
the Constitution. It is contended that, prima facie, there is 
neither a finding recorded in the matter nor was a hearing 
granted to the affected party. We would also like to examine 
whether such action is protected by the ouster contained in 
Article 69 of the Constitution.  
5. 
 
The matter of concern for this Court is that peace 
and public order is maintained in the country. Accordingly, all 
the political parties involved in the process of the no confidence 
motion in the National Assembly and other political forces are 
directed to observe the law and maintain peace and public order. 
No state functionaries or bodies shall take any extra-
constitutional measure and shall act strictly in accordance with 
Constitution and the law as guided by the principles laid down 
by this Court in the case of Sindh High Court Bar Association 
vs. Federation of Pakistan (PLD 2009 SC 879). Any order 
SMC No.1 of 2022 
3
passed by the Prime Minister and the President shall be subject 
to the order of this Court. 
6. 
 
We have also been informed that Pakistan Peoples 
Party as well as the Supreme Court Bar Association have filed 
Constitution Petitions under Article 184(3) of the Constitution 
on the same subject. Let the office register these and notices be 
issued to the respondents therein and to all the political parties 
that are already before us in Const. Petition No.2 of 2022 i.e. 
Pakistan Tehreek-e-Insaf, Pakistan Muslim League (N), Pakistan 
People’s Party, Jamiat Uleme-e-Islam(F), Balochistan National 
Party (Mengal) and Awami National Party through their 
respective Secretary Generals, who shall be heard only through 
their counsel on their behalf. Notice be also issued to the 
Federal Secretary Interior and the Secretary Defence to report 
the steps being taken to ensure public order, peace and 
tranquillity throughout the country. Notice be also issued to 
Supreme Court Bar Association and the Pakistan Bar Council to 
assist the Court in these Suo Moto proceedings and the 
Constitution Petitions filed under Article 184(3) ibid. The 
Attorney General for Pakistan be also issued notice under Order 
XXVIIA CPC in these matters.  
7. 
 
Mr. Azam Nazeer Tarar, ASC has reported that the 
proceedings of the Punjab Provincial Assembly were fixed today 
for the election of the new Chief Minister of Punjab. These 
proceedings have been adjourned by the Deputy Speaker of the 
Assembly to another date without citing any reason or cause. A 
large number of MPAs are still in the premises of the House of 
the Provincial Assembly which is creating an unpleasant 
SMC No.1 of 2022 
4
situation both inside and outside the House. Notice under Order 
XXVIIA CPC be issued to Advocate General Punjab to examine 
the vires of the decision by the Deputy Speaker of the Punjab 
Assembly and the situation that has arisen as a consequence 
thereof. All the political parties involved in the process of 
election of the new Chief Minister shall exercise restraint and 
maintain peace and public order. It is directed that the state 
functionaries and the law enforcement agencies of the Province 
shall ensure that peace and public order is maintained in the 
Province and they act strictly in accordance with the 
Constitution and the law guided by the principle laid down by 
this Court in Sindh High Court Bar Association’s case (ibid). 
8. 
 
Since these matters relate to an urgent issue, 
therefore, office is directed to fix the same tomorrow i.e. 
04.04.2022 at 1:00 pm before a larger bench.  
        
 
 
 
 
 
 
 
Chief Justice   
 
 
 
Judge 
 
 
 
 
Judge 
 
 
 
 
Islamabad 
 
03.04.2022 
 
 
 
