Lahore:
Punjab assembly speaker Malik Muhammad Ahmad Khan apparently set the question of PTI discvalifications to rest Saturday by deciding the disqualification applications against 26 suspended legislators as non-maintenance, but by transferring money to the judiciary and the right to vote.
The sword of litigation still hangs over the suspended legislators, with the speaker, who makes it clear that even though his doors were not closed, the paddles must first knock on the right by securing a statement from a competent jurisdiction before visiting his office.
In a step that is seen as a political shell, the speaker has dismissed the applications filed against 26 suspended opposition legislators, following a successful round of negotiations between the Treasury and opposition benches.
A six-page decision signed by the speaker outlines the reason for rejecting the four separate applications that tried to disqualify the PTI associated MPAs over their disordered and violent behavior during the budget.
The move to reject the applications obtained after the recent negotiations behind the scenes between governments and opposition leaders bore fruit.
According to sources, reintroduction of the suspended MPAs is now expected soon.
It is noteworthy that the speaker Khan had previously suspended the 26 PTI legislators in accordance with Rule 210 (2).
In his detailed decision, the speaker Khan noted: “Although serious legal and constitutional violations, including the constitutional oath, have been alleged by the applicants, these violations must first be established in a court or court in competent jurisdiction before I could decide whether a matter of qualification has arisen in the form of Article 63 (2) of the Constitution and referred to the question of the election.”
“The people are the source of all power, and through their vote they give confidence – not to be undone without the biggest reasons. Disbaluating a representative is not only to dampen a voice – it is to free people, for a chosen house is not just a chamber of laws; it is the echo of the people’s will. This voice must not be dampened,” he added.
The speaker decided that references to previous cases, such as Panama Papers and other disqualification law case law under Articles 199 and 184 (3) of the Constitution, were not valid in the current context.
Such petition, he noted, could undermine the freedom of speech in the house and cancel the presence of the opposition. Article 19 protects robust debate – though abrasive – subject to reasonable legal restrictions.
“These limitations are found in our rules, not in threats of permanent disqualification. Let people’s welfare be the supreme law, the assembly must remain a forum in which the dissent is expressed, not extinguished,” it states.
Speaker Khan emphasized that the voter’s welfare is best preserved when the house handles the internal suffering in itself, without releasing voters’ elected representatives.
He also expressed concern for many members’ lack of confidentiality with assembly rules, regulatory processes and effective use of standing committees.
He called for targeted education to maintain parliamentary supremacy and democratic responsibility.
“As elected representatives, we must legislate responsibly, put an end to political victims and work together to maintain supremacy of people’s assembly and protect our democracy. After all, political parties are the true guardian of democracy and the responsibility of maintaining the democratic function of the house lying with them all,” the speaker added.
He called for dialogue with Interparty, reminiscent of the Charter of Democracy to ensure that the assembly acts effectively as a space for general interest and genuine debate.
Referring to political theory noted Khan: “Modern society is built on dialogue; as Jürgen Habermas wrote: ‘The public sphere is that the world of our social life, where something approaching public opinion can be formed,’ emphasizes that the free, including and justified discourse in MPs forms the basis of democratic communication.
In a strong criticism of constitutional clauses that were historically used to undermine democracy, the speaker Khan declared: “As a speech and political worker, I am certainly opposed to anti-democratic constitutional provisions. This includes the notorious Article 58 (2) Politicians must end this evil cycle;
He claimed that abuse of these articles undermines the constitutional right of political association and representation in accordance with Article 17.
Disqualification of elected representatives of accusations or technical conditions violates the presumption of innocence, released voters and erodes parliament’s legitimacy.
“The disqualification of elected representatives has deep roots in the history of Pakistan. Early examples are the public representative offices the disqualification law 1949, and optional bodies-discvalification order (EBDO) 1959. These ‘backdoor tools’ have consistently served non-democratic elements,” stated.
He criticized political parties for occasionally meeting such practice, quoting Panama “showing trial” as an example of legal overreaction that continues to affect the political landscape through undemocratic means.
“This destructive chain must be broken,” the speaker Khan emphasized. “The very fact that the constitution has been exploited in this way means that such challenging questions can be and have been raised.”
He called on the federal parliament to remove such dictatorial remains from the Constitution to regain democratic values.
By ending his remarks, the speaker Khan confirmed: “During my tenure as a speaker, I will work to maintain parliamentary rule and the principles of representative constitutional democracy, as imagined by our great Islamic Republic’s basic fathers.”
