Speaker National Assembly Dr Fehmida Mirza, finalising her decision in Prime Minister Yousaf Raza Gilani’s contempt case, said that Gilani cannot be disqualified under Article 63(1)(g) of the Constitution, Express News reported on Thursday.
The speaker said that according to Article 63 of the Constitution, the question of the prime minister’s qualification “does not arise”. She has also decided against forwarding the Supreme Court’s reference to the Election Commission of Pakistan (ECP).
Quoting the Supreme Court’s order in her 11-point long ruling, Mirza wrote, “no specific charge regarding the propagation of any opinion or acting in any manner against the independence of the judiciary or defaming or ridiculing the judiciary as contemplated under Article 63 (1) (g) has been framed.”
She added: “I am of the view that the charges against Syed Yousaf Raza Gilani are not relatable to the grounds mentioned in paragraph (g) or (h) of clause (1) of Article 63, therefore, no question of disqualification of Syed Yousaf Raza Gilani from being a member arises under clause (2) of Article 63 of the Constitution.”
Sources affiliated with Express News revealed that Dr Mirza said the Supreme Court did not raise the issue of Gilani’s disqualification when it announced the verdict in the contempt case, hence there was no need to send the reference against Gilani to the ECP.
Dr Mirza consulted law experts including Aitzaz Ahsan, Fakhruddin G, Asma Jahangir and Justice (retd) Sajjad Ali for the decision, which she dictated to the secretary national assembly.