PRESS RELEASE: Dated: 3-July-2012 – Earlier today the Supreme Court released the detailed judgment in the Speaker’s Ruling case. On 19th June 2012, the Court had passed a Short Order, upholding petitions challenging the ruling of Speaker of the National Assembly, Dr. Fehmida Mirza. After the conviction of the former PM Yusuf Raza Gilani, the Speaker had to decide whether or not to make a reference to the Election Commission for Mr. Gilani’s disqualification. The Speaker decided that no question of disqualification had arisen, despite the PM having earned a conviction for contempt from the apex Court. Various petitioners, including PTI and PML-N challenged the Spreaker’s ruling. While hearing these petitions, the Court found the Speaker’s decision to be against the law and held that the PM did indeed stand disqualified to be a member of the Parliament. Today detailed reasons have been given for this order.
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.
PM contempt: ‘Govt will comply if SC orders Gilani’s disqualification’
By Web Desk / Sumera Khan
…. Privilege motion against SC assistant registrar
The government has decided to move a privilege motion against the assistant registrar of the Supreme Court for writing a letter to speaker of National Assembly to initiate an action against the prime minister under recently passed judgment by the apex court.
Terming the letter ‘illegal’, Law Minister Naek said that the letter in which Speaker of National Assembly Fehmida Mirza was directed to implement the SC’s judgment was an open violation of law. Naek added that the assistant registrar of the Supreme Court is not authorised to issue directions to the speaker of National Assembly.
“We will move a privilege motion against assistant registrar as the letter is illegal which was written as a clear violation of rules and procedures. He has directed the speaker of National Assembly to implement the court’s verdict at the earliest which is we believe is an offence to the parliament.”
Naek went on to say that, “The parliament’s privilege was disparaged by the assistant registrar’s letter to the speaker of National Assembly directing her in the prime minister contempt case.”
Read more » The Express Tribune