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-   -   PM Disqualified since Apr 26: Has the rule of law really won? (http://www.cssforum.com.pk/general/discussion/64637-pm-disqualified-since-apr-26-has-rule-law-really-won.html)

rose_pak Tuesday, June 19, 2012 04:22 PM

PM Disqualified since Apr 26: Has the rule of law really won?
 
[URL="http://dawn.com/2012/06/19/speaker-ruling-case-sc-resumes-hearing-2/"]Gilani stands disqualified as PM, rules SC
[/URL]

ISLAMABAD: The Supreme Court on Tuesday ruled Speaker National Assembly Fehmida Mirza’s ruling as void and declared that Prime Minister Yousuf Raza Gilani stood disqualified since April 26, DawnNews reported.

“Yousuf Raza Gilani is disqualified from membership of parliament from April 26, the date of his conviction. He has also ceased to be the prime minister of Pakistan,” said Chief Justice Iftikhar Mohammad Chaudhry, reading the order.

“The Election Commission shall issue a notice of disqualification and the president is required to take necessary steps to ensure continuation of democratic process,” he added.

A three-member bench, comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain heard a set of constitutional petitions challenging National Assembly Speaker Fehmida Mirza’s ruling over the reference against Yousuf Raza Gilani.

The bench had been hearing a set of petitions filed by the Pakistan Muslim League-Nawaz (PML-N), the Pakistan Tehrik-i-Insaf (PTI), Azhar Chaudhry advocate and others challenging the speaker’s ruling of May 24 over the qualification issue.

Earlier during today’s hearing, Attorney General Irfan Qadir presented in court the National Assembly’s resolution endorsing the speaker’s ruling. The resolution had been moved by the government and was adopted by the NA on June 14.

“We respect the courts, however, state institutions should try to avoid clash amongst themselves,” the attorney general said.

Upon which the chief justice remarked that the judiciary respected the parliament and that there was no clash between the state’s institutions.

Justice Khilji remarked that the court’s duty was to interpret the law and the constitution and to stop all measures which violate these.

Qadir said that if the court issued an order against the speaker’s ruling, the parliament would declare it invalid.

The prime minister is not answerable to the courts over the dispensation of his professional duties, the attorney general said.

The attorney general said that the court had violated Article 248 of the Constitution and that he feared that the court may issue “another ruling which could be against the law”.

Qadir reiterated that the verdict of the seven judge bench in the contempt of court case against Prime Minister Gilani was unconstitutional.

There is no law in the country which addresses the issue of contempt of court, said the attorney general.

Justice Khilji remarked that the attorney general should provide evidence for his claim that the country had no law to address contempt of court.

The prime minister’s summoning in court was also against the law, Qadir said.

Furthermore, Qadir said that the immunity which the office of the President enjoyed could only be eliminated by the parliament.

He moreover said that the Supreme Court’s ruling ridiculed the prime minister through poetry adding that he would not support any verdict which would be unconstitutional.

Chief Justice Iftikhar said that the attorney general’s job was to assist the court and that the bench was noting down the arguments that he was making before it.

Farhad Aslam Tuesday, June 19, 2012 05:02 PM

As now, PPP has "decided" to accept the decision, means that they have agreed with supreme court. This simply means that supreme court is right and its verdict of ordering PM to write the letter to Swiss government has been accepted by PPP. :)
But do you think they will do so?
No

Chithi nai likhrin.... :nono

Call for Change Tuesday, June 19, 2012 05:46 PM

PPP was mentally ready for this decision and in fact they are happy because now they have another political martyr. but i like a line by Hamid Mir "Gillani Sahb Sayasi Saheed ban na chtay hain magar wo Sayasi LAsh hain "

Atif Supermacy Tuesday, June 19, 2012 05:48 PM

[QUOTE=Farhad Aslam;443222]As now, PPP has "decided" to accept the decision, means that they have agreed with supreme court. This simply means that supreme court is right and its verdict of ordering PM to write the letter to Swiss government has been accepted by PPP. :)
But do you think they will do so?
No

Chithi nai likhrin.... :nono[/QUOTE]
Gillani still has an appeal for the decision given against him..so it is not over yet and one thing is very much clear that PPP will never follow the SC order to write letter to swiss authorities.

Codename Hijazi Tuesday, June 19, 2012 06:00 PM

Another Dummy 'll be replacing the Gillani. Rule of Law has won ? Not Yet.:onesec

Atif Supermacy Tuesday, June 19, 2012 06:06 PM

The days of Gillani has come to an end but question arises that PPP would be able to retain support of PML(Q) & MQM to elect new Prime Minister ?..

shallowwater Tuesday, June 19, 2012 06:21 PM

The decision is welcome and we hope that now PPP would stop playing with the constitution. Speaker's verdict was biased and illogical.

cssravian Tuesday, June 19, 2012 06:28 PM

After the Court's decision why PPP is trying to get the title of "Shaheed". Because it's clearly the corruption cases then why they are trying to become so innocent? If one democratic government failed to work properly than the new democratic government will come and continuing the democracy journey in a country. Why in our country one party account herself the bodyguard of democracy?

Hassan02 Tuesday, June 19, 2012 06:42 PM

It would be fun if all PML N, PML Q and MQM united to elect another PM :D

As for being a martyr, I find it amazing that going to jail or getting disqualified is a mark on honor in Pakistan.

Call for Change Tuesday, June 19, 2012 09:07 PM

[QUOTE=Atif Supermacy;443244]The days of Gillani has come to an end but question arises that PPP would be able to retain support of PML(Q) & MQM to elect new Prime Minister ?..[/QUOTE]

Sheikh Waqas of PML-Q announced in Hamid Meer's program that they would only support PPP if its ensures to solve the problem of load shedding.


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