SC disqualifies PM Gilani

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Supreme Court disqualifies PM Yousuf Raza Gillani
Gillani gaya aaj.

ISLAMABAD: The Supreme Court (SC) declared the Prime Minister Syed Yousuf Raza Gilani as disqualified after his conviction over contempt charges.

The Supreme Court of Pakistan on Tuesday declared Prime Minister Yousaf Raza Gilani ineligible to hold office, according to media reports. The court said that he had been ineligible since April 26.
He has been declared ineligible to be prime minister ever since the verdict in the contempt case had been announced.

Saying that the executive is not authorized to scrutinize the rulings of Supreme Court (SC), Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry said no authority but appellate court can stay the implementation on the court’s rulings.

Heading a three-member bench hearing numerous constitutional petitions filed against National Assembly Speaker’s ruling over conviction of Prime Minister Syed Yousuf Raza Gilani by the apex court, the Chief Justice Chaudhry said, “Where will the independence of judiciary go if the executive examines the ruling of a seven-judge bench. The disqualification could have been delayed some further, had Gilani appealed.”

Attorney General of Pakistan Irfan Qadir, in his arguments today, read out a resolution adopted by National Assembly in support of the Speaker’s ruling.

The resolution says the speaker represents the Parliament, its prestige and sacredness. The Parliament will nullify any order if the court issues it. The resolution also endorses the ruling of May 25.

Justice Khilji Arif Hussain queried, ‘What was the need of a separate resolution if the speaker’s ruling is taken as a step of the Parliament?’

Replying to this, the AG Irfan said it was feared that the apex court may issue an illegal order like the one by seven-member bench, adding the verdict of seven-judge bench stands in conflict with Article-248 of the Constitution, under which the Prime Minister enjoys immunity.

The AG Qadir, whose brazen remarks triggered a massive commotion during one of the previous hearings, continued with remarks, saying, “Supreme Court could have written on its own to Swiss officials. The summon issued to Prime Minister Syed Yousuf Raza Gilani was also an unconstitutional one.”

“However, the PM Gilani appeared before the court as he wanted to save the judiciary any ridicule. But, the PM Gilani was derided through a piece of poetry in the ruling.”

The Chief Justice Chaudhry said, ‘You should have raised the issue in appeal.’ But, the AG said there was no need for that, wondering as to how the PM Gilani was penalized given that there is no contempt law in the country.

Azhar Siddique’s counsel AK Dogar said the court had already held that the executive will work in consonance with the Constitution.

Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan’s counsel Hamid Khan said the rule by a convicted premier impacted the rights under Articles-17 and 25 of the Constitution, adding the court frequently acknowledged the right to access the justice; but, the NA speaker impeded the process.

The Chief Justice Chaudhry said if the court holds someone insane, then speaker needs not ponder over it, adding determination of insanity or conviction depends upon the court’s ruling.

PM Yousuf Raza Gilani Disqualified by Supreme Court
Prime Minister of Pakistan, Yousuf Raza Gilani has been disqualified in Speaker Ruling Case. Yousuf Raza Gilani is no more Prime Minister of Pakistan and neither he is member of National Assembly. The judgment came on 26th April but Farooq Naek told parliament that Gilani is still PM but this verdict of SC makes it clear that Gilani is no more PM of Pakistan. The option of review is still with Gilani. Heavy security has been appointed to Gilani’s House. This verdict came for petition of Imran Khan and Khuwaja Muhammad Asif. SC said that no review petition was filed against the judgment of 26th April.
Some people feel that there might be a collision between PPP and Supreme Court of Pakistan but Supreme Court has asked Asif Ali Zardari to appoint any other Prime Minister. Let’s see what happens next. It is really a dramatic situation where, according to SC, Pakistan has no PM for last one and a half month. This verdict came on 19th June 2012 from Supreme Court of Pakistan against Yousuf Raza Gillani.

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