Advocate Supreme Court Hafiz Ahsaan Ahmad Khokhar has said that the Constitution of Benches and fixation of cases including the power of taking Suo Moto is the sole prerogative of the Chief Justice under the Constitution and Supreme Court rules, and this proposition has been decided various times through judgment of Supreme Court. He said that until the Constitution has not been amended, this power cannot be taken away from the office of Chief Justice Pakistan.
The expert said that the Constitution does not provide any restriction regarding the power of the Prime Minister and Chief Minister regarding the dissolution of both the National Assembly and Provincial Assembly, respectively, however in only two situations the Prime Minister or Chief Minister cannot desolve first when a vote of no confidence has been moved and second when the President or Governor ask for taking vote of trust respectively to Prime Minister and Chief Minister. Khokhar further legally explained that as the Constitution provides a limit of 90 days in case of dissolution of the National Assembly and Provincial as per Article 224 of the Constitution, thus it is first the Governor under Constitutional obligation to give date before taking the oath of Caretaker government so the Election Commission should make arrangements within the prescribed 90 days for holding free, fair and transparent Election. He said that the judgment on present suo moto would have a long-lasting effect on the future political and constitutional situations of Pakistan.
