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Old Tuesday, June 19, 2012
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Default Timeline: Judiciary vs executive

Timeline: Judiciary vs executive


The conflict between Pakistan’s executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country was in its teething years. Throughout the course of Pakistan’s history the judiciary has played an integral role in the development of country, however, the public opinion remains that the judiciary of Pakistan is more inclined towards the military command and has favoured it often.

The time line provides a perspective of the political events that shaped the history of Pakistan and gave rise to various conflicting moments.

October 1954:

The constituent assembly made some amendments in the constitution which resulted in revocation of Malik Ghulam Muhammad’s power as a governor general – rights which had previously empowered him to dismiss Khawaja Nazimuddin’s government.

1955:


Following the decision made by the constituent assembly Ghulam Muhammad dissolved it, a move which was contested by Maulvi Tamiz-ud-din, the president of constituent assembly, in Sindh High Court.Sindh Court’s verdict was in Maulvi Tamiz-ud-din’s favour however Supreme Court of Pakistan reversed the decision. This verdict was announced by Justice Munir.

August 1955:

Iskander Mirza took charge as the fourth governor general of Pakistan and dismissed Muhammad Ali Bogra.

October 1958:

Iskander Mirza, with the assistance of his commander-in-chief Muhammad Ayub Khan, suspended 1956’s constitution and declared the fist martial law in Pakistan – which lasted till 1962. This step involved dissolution of provincial and national assemblies and termination of various ministers.

The coup and martial law were unconstitutional moves, however were permitted by Justice Munir. His actions played an active role in establishing the famous ‘doctrine of necessity’ – a term which signifies extra-legal actions undertaken by the significant state actors in order to restore law and order in the country.

April 1973:

Bhutto formulated 1973’s constitution which was drafted unanimously by the ruling and opposing parties of the country.

August 1973:

According to the constitution of 1973, the power of decision making was at prime minister’s discretion and president only served as the figure head. Following this article, Bhutto was sworn in as the prime minister of Pakistan, on August 14, 1973.

September 1976:

Various amendments were introduced to the original constitution of 1973 by Bhutto, however the one which instigated uproar from the judicial command of the country entailed the curtailing of authority and jurisdiction of the judiciary.

January 1977:

A strong formation of all the opposing political parties, under the umbrella of Pakistan National Alliance (PNA), led Bhutto to call for early elections.

March 1977:


Elections were held in March and PPP won by a heavy majority, however PNA refused to accept the results and accused PPP of rigging the elections.The political situation resulted in a strong movement against Bhutto where masses poured out onto the streets and many political leaders were arrested for their rebellion.


July 1977:

On July 5, 1977, the chief of army staff general Zia-ul-Haq, declared the third martial law in Pakistan and suspended the constitution.

November 1977:

Nusrat Bhutto filed a petition in the Supreme Court of Pakistan against the martial law imposed by Zia-ul-Haq, however the court validated the imposition under the ‘Doctrine of necessity’.

April 1979:


Bhutto was executed following charges of corruption and extrajudicial killings.Bhutto’s case remains one of the most intriguing and controversial political case in the history of Pakistan.A bench of seven judges was constituted in order to decide the proceeding of ZAB’s case. Three judges acquitted him whereas four judges declared him responsible for ordering extrajudicial murders. However, when Bhutto filed a petition to review his case,

1980:


Zia issued the infamous provisional constitutional order of 1980 which granted exclusion of all martial law actions from the jurisdiction of courts. However, Quetta High court declared that the issuance of aforementioned stipulation and order go beyond the parameters of martial law regime.

1981:


After this ruling, General Zia issued PCO of 1981 which required all the judges to take new oaths validating that they will work in concurrence with the order. As a result of this 16 judges were fired and three refused to take oath but the rest succumbed under the pressure.

February 1985:


General Zia-ul-Haq became the president and Muhammad Khan Junejo was elected as the prime minister of Pakistan.

November 1985:

The eighth amendment was introduced to 1973’s constitution, which affected 19 clauses of the entire constitution. The constitution gave sufficient power to the president of Pakistan including the authority to dissolve the national assembly, specified as Article 58(2) b.According to the newly added clause, all the decisions pertaining to the governance and administration of the country were to be made in consensus with the president.The articles and changes made to the constitution changed the entire system from parliamentary to presidential regime.

May 1988:


General Zia dismissed Junejo’s government on alleged corruption charges of national wealth, exercising article 58(2) b.

August 1988:

General Zia-ul-Haq along with his entourage and American official died in a plane crash.

October 1988:

During the Haji Saifullah Khan vs The Federation of Pakistan’s case, the Supreme court of Pakistan declared that dissolution of assembly by General Zia was an unconstitutional move, however the court did not revoke the orders as the entire nation was already geared up for the elections.

Elections of 1988:


Soon after the death of Zia-ul-Haq, elections were held in the country, which were won by PPP. Benazir Bhutto, the daughter of Zulfiqar Ali Bhutto, was elected as the first woman prime minister of Pakistan.

August 1990:


Following the rising conflicts between Khan and Bhutto, the former dissolved the parliament and sacked Bhutto on corruption charges, appointing Ghulam Mustafa Jatoi as the interim prime minister.

November 1990:

Pakistan Muslim League won the provincial and national elections and Mian Muhammad Nawaz Sharif was elected as the prime minister.

April 1993:


Sharif served as the prime minister till April 19, 1993, however Khan then dissolved the parliament again on charges of corruption by Sharif government and announced the date of elections to be held within a course of few months.The elections were scheduled on July 14 but the Supreme Court declared Khan’s ruling as invalid and reinstated Sharif as the prime minister.

July 1993:

The mounting tensions and conflict between the president and prime minister led to the resignations of both.

October 1993:


After the general elections of 1993, which were boycotted by significant political factions including MQM, PPP won with heavy majority and Bhutto was elected as the prime minister for the second time.

November 1996:

On the alleged charges of corruption and extrajudicial killings, Laghari dismissed Bhutto’s government and announced the date of next elections.

February 1997:

General elections were held on February 3, 1997 and Sharif was elected as the prime minister of Pakistan for the second time.

April 1997:

The thirteenth amendment was introduced to the constitution, which empowered prime minister and gave him the right to appoint the chief of army staff and other important civil and military officials.The thirteenth amendment repealed the much controversial 58(2) b thereby divesting president’s power.

November 1997:

The Supreme Court of Pakistan ordered Nawaz Sharif to appoint five judges which was ignored by him. Following the alleged misconduct chief justice Sajjad Ali Shah issued a contempt of court order against Sharif and summoned him to the court, after which Sharif agreed to carry out the orders.One of the biggest mob attacks was staged on November 28, 1997, when thousands of political workers gate crashed into the Supreme Court of Pakistan to protest against the contempt of court hearing.

July 1999:

Asif Ali Zardari was imprisoned following charges pertaining to corruption and money laundering by Sharif government.

October 1999:


The military command, headed by General Parvez Musharraf, took charge of the state of affairs and staged a coup against Sharif’s regime.Following the coup, Nawaz Sharif and his collaborators were arrested for various charges pertaining to hijacking and kidnapping, but were later pardoned by the government and sent to Saudi Arabia on exile.

February 2002:


Government decided to repeal the 13th and 14th amendments introduced by Sharif in 1973’s constitution.

April 2002:


Referendum was held in 2002 in which major portion of the Pakistanis voted for General Musharraf, resulting in his appointment as the president for the next five years.

2004:

Asif Ali Zardari is released from the court and goes on an overseas exile.

March 2007:

Chief Justice Iftikhar Muhammad Chaudhry was suspended by the President Musharraf as he refused to oblige to him by stepping down from his position. Chaudhary was accused of corruption, misdemeanour and stepping out of judicial parameters.His suspension instigated a political and judicial turmoil over the country – a turmoil which was considered one of the factors in toppling Musharraf’s government.

July 2007:

Chief Justice Iftikhar Muhammad Chaudhary was reinstated in a ruling headed by Justice Khalil-ur-Rehman Ramday.The ruling was given by a 13 member bench which unanimously decided that the petitions file by President Musharraf were unfounded and faulty.

October 2007:

Musharraf won the presidential election but was challenged by the Supreme Court.

November 2007:


President Musharraf declared a state of emergency and suspended the constitution and parliament simultaneously.
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Musharraf also ordered the house arrest of the Chief Justice and the judges responsible for his reinstatement.

December 2007:


Musharraf revoked his previous orders and lifted the emergency on December 15.

February 2008:


General elections were held in Pakistan in which Pakistan People’s Party and Pakistan Muslim League-N won a major chunk of the seats. Both the majority parties formed a coalition government in which Yousuf Raza Gilani was elected as the Prime Minister of Pakistan.

June 2008:

The long march was organised by the lawyers, who sought the restoration of Iftikhar Mohammed Chaudhry as chief justice. The march concluded in Islamabad on June 14, demanding the ouster of President Musharraf.

August 2008:

Ruling coalition (PPP and PML-N) decided, for the third time, to reinstate Chaudhry.

August 2008:

President Musharraf resigned after PPP and PML-N launched impeachment proceedings against him.

August 2008:


PML-N left the coalition, as the government failed to reinstate the chief justice.

September 2008:

Asif Ali Zardari won the presidential election.

December 2009:


The Supreme Court of Pakistan issued a petition to consider NRO 2007 to be null and void which provided immunity to the offenders of law, including money launderers and embezzlers. The ordinance of 2007 was drafted and approved by President Pervez Musharraf.The court asked the National Accountability Bureau (NAB) to reopen the cases against President Zardari entailing the Swiss scam; allegations which the premier out rightly denies to date.

October 2011:

Mansoor Ijaz wrote an article in Financial Times where he revealed that he delivered a memorandum written by a Pakistani official posted in the US to Admiral Mike Mullen. The revelation created a frenzy of activity in Pakistan bringing the role of then ambassador to the United States, Husain Haqqani, into question.The memo is speculated to have been written just after Osama bin Laden’s killing in Pakistan and allegedly seeks help from the US to rein in the country’s military and intelligence agencies.

November 2011:

Hussain Haqqani resigns from his position amidst chaos and allegations pertaining to him having drafted the controversial memo.

December 2011:


Nawaz Sharif and his alliances filed a petition in the Supreme Court of Pakistan to further investigate the memo scandal
The Supreme Court of Pakistan declares that the petitions filed by Nawaz Sharif and other political leaders to further investigate the memo scandal, are ‘maintainable’.Prime Minister, Yousuf Raza Gilani publicly announced that he and his party members will not accept ‘a state within a state’; a remark which instigated a sense of disagreement between the civil and military command within the country.However, General Kayani reiterated that the army does not aim to ‘stage a coup’ and this is another tactic deployed by the government to digress from memo scandal.

January 2012:

The Supreme Court of Pakistan issued a warning against the government to implement and execute the National Reconciliation Ordinance (NRO) issued in the December of 2009, by writing to the Swiss government.Prime Minister Yousuf Raza Gilani terminated the secretary defence, Khalid Naeem Lodhi, on alleged misconduct and disciplinary actions.Moreover, Gilani is issued a contempt of court notice in the NRO implementation case, and is directed to appear before the apex court on January 19. He appoints Barrister Aitzaz Ahsan to represent him in the Supreme Court.

On the other hand, the apex court suspended Babar Awan’s licence to practice in the court and asked for a replacement of Awan with another lawyer to represent President Zardari in the Bhutto reference.Prime Minister Yousuf Raza Gilani appeared in front of the Supreme Court to defend the contempt of court charges filed against him.The Supreme Court of Pakistan adjourned the session by postponing the hearing until February 1, 2012. However, the court exempted Gilani from appearing in the next scheduled hearing.

The memogate case took an interesting turn when Ijaz refused to come to Pakistan over security concerns, which instigated Haqqani to file an application to disqualify Ijaz from the proceedings of the case.

February 2012:

Supreme Court of Pakistan announced its verdict on February 2, 2012 signifying that Gilani will be indicted of the charges pertaining to contempt of court. Gilani has been summoned to appear before the court on February 13, 2012, however, he has decided to file an appeal before the appointed date.Moreover, during the same month, the ruling party and the opposition failed to reach an agreement on the 20th amendment’s bill. The bill aims to validate more than two dozen post-eighteenth amendment by-elections.


Simultaneously, Aitzaz Ahsan filed an intra-court appeal requesting Supreme Court of Pakistan to suspend the decision of framing charges against Prime Minister Gilani.On February 9, Supreme Court of Pakistan adjourned the contempt of court hearing against Prime Minister Gilani and instructed Ahsan to complete his arguments by February 10. Chief Justice of Pakistan showed displeasure over certain points of the 200-page appeal and claimed that the language used in the document gave a negative impression of influencing the court of law.

On February 10, an eight-member bench dismissed Gilani’s appeal to review the previously announced verdict on contempt of court charges. Gilani has decided to appear before the court on the designated date.Moreover, the Supreme Court ordered ISI to present 11 missing persons, who have been in the agency’s illegal detention, before the court on the same day or face action.Furthermore, memo case witnessed a few developments in which Islamabad high court allowed the commission to record Ijaz’s statements via video link from London on February 22, 2012 at 2 pm local time.

The supreme Court of Pakistan indicted Prime Minister Gilani for charges pertaining to contempt of court on February 13, 2012.The Supreme court ordered the prosecutor, attorney general, to submit sufficient documents by February 16.PM’s counsel has been ordered to compile and submit evidence by February22 whereas Gilani’s evidence will be recorded on February 27 and 28.After a fortnight of dispute and push backs, the government and opposition unanimously push through the National assembly a revised constitution amendment on February 14. The amendment provides for a strong Election Commission, a pre-election interim set-up and restoration of 28 suspended federal and provincial lawmakers.However the bill was deferred by the senate on February 17 because of various discrepancies between the opposition and the government.

The 20th amendment bill was finally adopted by the senate on Monday, February 20, 2012 but not unanimously as the National Assembly had done last week.The adoption of the amendment by the upper house of parliament has cleared the way for the president to sign the bill which envisages an independent and powerful election commission, setting up of a neutral caretaker regime to hold general elections and restoration of 28 suspended lawmakers.Moreover, the hearing on contempt of court was further adjourned till February 28. The Supreme Court ordered Ahsan to submit complete evidence by the designated date.

Furthermore on February 27, a day before the formal contempt of court hearing, Gilani’s counsel submitted a miscellaneous application requesting two top government officers and a former law minister to be summoned as court witnesses.Ahsan requested the court to summon Cabinet and Defence Secretary Nargis Sethi, Law Secretary Masood Chishti and former law minister Babar Awan to record their statements as court witnesses.Subsequently, on February 28, Ahsan, referring to the various arguments on appeal, said that he wanted to present evidences and witnesses and that a chance should be granted to him to examine them.Supreme Court adjourned the contempt of court hearing against Prime Minister Yousuf Raza Gilani till March 7.

March 2012:

The contempt of court hearing continued on March 7, 2012, in which Defence and Cabinet Secretary, Nargis Sethi testified as a witness before the Supreme Court of Pakistan.Sethi acknowledged that two summaries were sent to Prime Minister by the Ministry of Law.Supreme Court adjourned the contempt of court hearing till March 8, 2012.
On March 8, the Supreme Court of Pakistan ordered Gilani to submit the written reply by March 19 and adjourned the contempt of court hearing till March 21. Simultaneously, on the same day, Supreme Court in a hearing pertaining to National Reconciliation Ordinance (NRO) case, ordered Prime Minister Gilani to correspond with the Swiss authorities again.

On March 14, Ahsan, whilst addressing the media, said that the Attorney General Maulvi Anwarul Haq, being the prosecutor of the case, was ordered by the court to write a letter to the Swiss authorities. He said that the orders were given to the prosecutor in his absence on March 8.Ahsan further commented that he will present his arguments on not corresponding with the Swiss authorities in the court on March 19 and 21 respectively.Prime Minister Gilani, on March 15, publicly announced his refusal to correspond with the Swiss authorities.

He further commented that writing a letter would be a violation to the constitution which carries death sentence whereas the refusal to correspond might result in six months’ imprisonment which is better than the former penalty.Gilani, whilst addressing the journalists at his residence on March 18, said that he is ready to resign from the premiership if that will resolve the issue of writing a letter to Swiss authorities.Moreover, Ahsan on March 19 stated that Gilani’s conviction will not necessarily result in disqualification as a sentence of less than two years cannot affect anyone’s eligibility. On the same day, Gilani submitted his written reply in the Supreme Court of Pakistan stating his official refusal to correspond with the Swiss authorities.

The hearing on contempt of court against PM Gilani continued on March 21 in which Ahsan said that they never refused to correspond with the Swiss officials neither did they disagree with the court’s orders. Ahsan also said that he still believes that corresponding with the Swiss authorities will not serve the purpose as President Zardari enjoys immunity.

Furthermore, Justice Asif Khoja said that if the accused pleads guilty, then we can think about leaving the matter up to the people.

Ahsan was of the opinion that expecting a fair judgment from the seven-member bench after six-option verdict was difficult.The hearing was then adjourned till March 22.Contempt of court hearing continued, on March 22, for the second consecutive day in which Ahsan said that according to article 10 (a), fair trial remains a constitutional right of every Pakistani citizen. Ahsan also claimed that the current trial contradicts the aforementioned article.

Moreover, Ahsan challenged the eligibility of judges who issued a show cause notice to Gilani, however the court replied to his argument by stating that if Ahsan’s stance on this issue is considered valid then every defendant will feel free to challenge the court.The hearing was adjourned till March 26, 2012 however on the designated date, the contempt of court hearing was adjourned without being heard as Ahsan was unable to appear before the court.

On March 27, the Supreme Court adjourned the contempt of court hearing against PM Gilani till April 12.The decision was taken after Ahsan said that he would not be able to provide evidence in the court due to his ill health.On March 29, the Supreme Court adjourned the hearing for National Reconciliation Order (NRO) implementation case till April 16.According to the court, the final verdict for the case is expected to be announced on the same date.

Moreover, PM Gilani may face another contempt case as the court decided to issue an appropriate order on April 16 after expressing displeasure over the response the prime minister had submitted on March 21 in which he threw the ball back to the judiciary’s court by requesting it to first settle the contempt matter and then raise the issue of implementation of the NRO verdict.

April 2012:

On April 12, the Supreme Court resumed hearing of the contempt of court hearing against Prime Minister Gilani.Ahsan argued that under Article 10 (a) of the constitution of Pakistan, the sitting bench remains ineligible to hear the case.He further stated that the clause on transparent proceedings emphasises on the fact that no person can be a judge in his own case. However, Justice Khosa said that all proceedings regarding contempt of court cases are only completed by the court.The court has adjourned the hearing till April 13.

On March 13, The Supreme Court resumed the hearing of the contempt of court case against Prime Minister Gilani.The newly appointed Attorney General of Pakistan, Irfan Qadir, was also present in the court.Qadir was permitted by the court to act as a prosecutor in the case and was provided with two days to start his arguments.

Whilst presenting his evidence, PM’s counsel Ahsan, informed the court that he was being harassed by a particular media group and was being accused of lying. Ahsan also asked the court to provide him with security.The hearing against PM’s contempt case continued on April 16 and Ahsan, whilst defending his client, reiterated that under Article 10-(a) of the constitution, the present bench could not try the prime minister for contempt as that would be in conflict with the principles of a fair trial.Aitzaz-AhsanMoreover, Justice Khosa commented on Ahsan’s argument by saying that the court was exercising its authority to conduct the trial.

Ahsan also requested the court to delay its decision on the National Reconciliation Ordinance (NRO) implementation case as he is of the view that his arguments would be of no use after a decision on the NRO is announced.The verdict on NRO was expected today however NRO’s hearing was adjourned till May 3 whilst the court directed authorities to bring former attorney general Malik Abdul Qayyum back to Pakistan.The hearing pertaining to contempt of court was adjourned till April 17.
Prime Minister’s counsel, Ahsan, on April 17, refused to complete his arguments in the contempt of court case against his client by April 19.During the course of the hearing, Supreme Court directed Ahsan to complete the arguments by the aforementioned date.Ahsan said he was appearing in court despite ill health and that he could not specify as to when he would complete the arguments.

The hearing was adjourned till April 18.Presenting his arguments regarding presidential immunity before the court, Ahsan reiterated that heads of state enjoyed immunity from prosecution in criminal and civil cases in courts across the globe.Ahsan concluded his arguments with respect to Article 10 A and also emphasised on the point that parliament remains independent regarding the law and constitution.The hearing was adjourned till April 19.
During the hearing of the contempt of court case against prime minister, on April 19, Ahsan said the United Nations, in one of its reports, had granted immunity to heads of state from prosecution in a foreign country.Ahsan also produced the report before the Supreme Court’s seven-judge bench, headed by Justice Nasirul Mulk, to support his argument on presidential immunity.

He further said that the International Court of Justice (ICJ) had also stopped courts from trying heads of state in the past.The hearing on contempt of court continued on April 20 during which Ahsan said that the prime minister only followed procedure and implemented the summaries presented to him.He added that if the summaries did not provide the premier with the ‘right’ input, then he cannot be held responsible for committing contempt of court by not writing to Swiss authorities.Ahsan moreover said that writing the letter would demean the office of the president.Justice Gulzar Ahmed remarked that not implementing court’s judgments was akin to committing contempt of court.

During the course of the hearing on April 24, newly-appointed Attorney General of Pakistan Irfan Qadir claimed that no law addressing contempt of court existed in Pakistan.Qadir made the claim while presenting his arguments in the contempt of court case.

He further said that a contempt of court ordinance was promulgated in the country in July 2003 but that it had expired in December 2003.The Attorney General moreover said that it was the prosecution’s duty to ensure that no innocent was penalised.Gilani-SC-verdictThe verdict on PM’s contempt of court case will be announced on April 26.
Supreme Court of Pakistan, on April 26, found PM Gilani guilty of contempt of court for refusing to reopen corruption cases against the president, but gave him only a symbolic sentence of 30 seconds detention in the court room.

Prime Minister Gilani, on April 26, refused to step down after his contempt of court conviction, saying only the country’s parliament could remove him from office.

“There is no law to remove an elected prime minister. Parliament is the supreme authority and only this parliament has the authority to remove me,” he said in a defiant appearance in the National Assembly a day after the Supreme Court verdict.

Prime Minister Gilani, on April 30, said he would not resign from his position, adding that the Supreme Court’s conviction had no relation with the process of disqualification.Speaking to reporters in Islamabad, he said there was no law under which the court could disqualify an elected representative of the people.He further said that he had the right of appeal against the apex court’s ruling.


May 2012:

Chief Justice Iftikhar Mohammad Chaudhry said, on May 1, 2012, that three judges who were part of the bench that heard the contempt case against the prime minister would not be available if a review petition came up.

Chaudhry did not identify the three judges who would not be “available” nor did he specify the reason.Speaker National Assembly Dr Fehmida Mirza, on May 3, said that she had not made up her mind regarding the Supreme Court’s conviction of Prime Minister Yousuf Raza Gilani.She said she would consider the subject once the detailed verdict on the contempt of court case comes out.The Supreme Court issued the detailed verdict in the contempt of court case against Prime Minister Gilani on May 8.The verdict, comprising 77 pages, was authored by Justice Nasirul Mulk.

The verdict stated that the PM did not comply with court’s orders and deliberately disregarded the court. It also said that it is clear that the judiciary was ridiculed at the highest levels of the government.

Advocate Muhammad Azhar Siddique, on May 11, submitted a petition in the Supreme Court of Pakistan seeking the disqualification of Prime Minister Gilani.The petitioner contended that a convicted person cannot hold the prime minister’s office.He further added that neither Speaker National Assembly Fehmida Mirza nor the Election Commission of Pakistan has any role in this regard.

National Assembly Speaker Dr Fehmida Mirza, on May 24, decided not to forward the disqualification reference against Prime Minsiter Gilani to the Election Commission of Pakistan after his conviction by the Supreme Court in the contempt of court case.

Prime Minister Gilani and his close legal and political advisers, on May 25, discussed the pros and cons of challenging the Supreme Court’s decision convicting the prime minister in the contempt case, decided late in the night not to file the appeal.According to reliable sources, the advisers were of the opinion that the advantage gained from the favourable ruling of the National Assembly Speaker should not be put to risk by going to the Supreme Court with the appeal because the court may decide to remove what has been described as ‘lacunas and ambiguity’ in the shorter order and detailed judgment in the contempt case.

The Pakistan Muslim League-Nawaz (PML-N), on May 28, filed a petition in the Supreme Court against a ruling by the NA Speaker refusing to disqualify the prime minister.The petition challenged NA Speaker Dr Fehmida Mirza’s decision not to disqualify PM Gilani as the Prime Minister of Pakistan, a month after the Supreme Court convicted Gilani of contempt.

Prime Minister Gilani, on May 29, said that both Pakistan Muslim League-Nawaz (PML-N) Chief Nawaz Sharif and Pakistan Tehrik-i-Insaf (PTI) Chairman Imran Khan were not members of parliament which was why they could not understand the significance of speaker’s ruling.

Speaking to media representatives in Islamabad, the premier categorically stated that National Assembly Speaker Dr Fehmida Mirza’s ruling pertaining to the disqualification reference was final and could not be challenged.

June 2012:


The Supreme Court, on June 6, admitted the petitions filed against Speaker Fehmida Mirza’s ruling on the disqualification reference against Prime Minister Yousuf Raza Gilani for hearing, DawnNews reported.A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry heard the petitions.The petitions were filed by Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan, Pakistan Muslim League – Nawaz (PML-N) leader Khwaja Asif and Senator Zafar Ali Khan.

The hearing against National Assembly’s Speaker, Fehmida Mirza, ruling case continued in the Supreme Court of Pakistan, on June 14.Advocate, A K Dogar, whilst presenting his arguments, said that Prime Minister Yousuf Raza Gilani, was disqualified by the Supreme Court of Pakistan, however he is still running a public office.Dogar further said that PM Gilani deliberately insulted the court and the speaker’s ruling was against the seven-member bench’s verdict.

The Supreme Court, on June 15, resumed the hearing on petitions challenging the ruling of the National Assembly’s Speaker on the issue of disqualification of the Prime Minister.During the hearing, the prime minister’s counsel Barrister Aitzaz Ahsan requested the court to constitute a larger bench to hear the petitions.The bench said that by not appealing against the conviction, the prime minister had accepted it.

Responding to which, Ahsan said that the prime minister had accepted the conviction but not disqualification.The Supreme Court resumed the hearing into the Speaker ruling case on June 18.During the hearing, a written reply from Speaker National Assembly Fehmida Mirza was submitted in the apex court by Attorney General Irfan Qadir.Ahsan said that under Article 184 (3) of the Constitution, the Supreme Court did not have the authority to hear the petitions.The Supreme Court on June 19 ruled Speaker National Assembly Fehmida Mirza’s ruling as void and declared that Prime Minister Yousuf Raza Gilani stood disqualified since April 26.

http://dawn.com/2012/04/26/timeline-...tive-conflict/
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