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.
Tag Archives: Speaker
Questions Surround New Supreme Court Order Disqualifying Prime Minister
The Supreme Court of Pakistan removed the Prime Minister in what is known as a “short order” – essentially a court order lacking a full explanation. These orders often begin, “For reasons to be recorded later…” – a practice that seems the beg for abuse and controversy – and then proceed directly to ordering some specific action on the part of an individual or institution. In this case, though, the specific action was not given until almost two months later – and made retroactive.
On April 26, the Supreme Court issued an order “for the reasons to be recorded later” that found then Prime Minister Yousaf Raza Gillani “guilty of and convicted for contempt of court.” The Supreme Court did not declare the Prime Minister disqualified from office and sentenced him to a symbolic detention of about 30 seconds.
The Supreme Court having chosen not to disqualify the Prime Minister, the issue was then taken up by the Speaker of the National Assembly, Dr. Fehmida Mirza, who ruled that Mr. Gilani was not disqualified. That was last month.
Today, nearly two months after the Supreme Court issued its controversial conviction, a new short order, “for reasons to be recorded later,” was issued by Chief Justice Iftikhar Chaudhry – this time declaring that “Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament)…on and from the date and time of pronouncement of the judgement of this Court dated 26.4.2012…”
This raises several very interesting questions. If the Prime Minister was disqualified pursuant to the Supreme Court’s order on April 26, why did they wait until June 19 to say so? Some have suggested that the Supreme Court was giving the Prime Minister the opportunity for appeal, but this is doubtful for a number of reasons: One, the Supreme Court could have declared the Prime Minister disqualified and then stayed the order pending appeal. But more to the point, to whom would the Prime Minister have appealed? The original order was given by a 7 member bench of the Supreme Court – there was no higher authority to appeal to.
Then there is the matter of the ruling by the Speaker of the National Assembly. If the Supreme Court had determined that Mr. Gilani was disqualified as of April 26, why did they allow Dr. Mirza to proceed with deliberations and a ruling on Mr. Gilani’s status as parliamentarian? If the Supreme Court believed that Dr. Mirza did not have the authority as Speaker of the National Assembly to issue such a ruling, why did they not issue an injunction stopping the Speaker from carrying out the act?
While these questions remain unanswered, at least until the Supreme Court delivers more than the two pages made available today, they suggest very troubling possibilities. By allowing Mr. Gilani to continue serving as Prime Minister for months, the Supreme Court has created a policy nightmare for Pakistan. Making the disqualification retroactive to April 26 means that any decisions made by the government since are effectively nullified. Pakistan has, essentially, been operating without a government for over 8 weeks.
Moreover, by allowing the Speaker of the National Assembly to deliberate and issue a ruling without comment, only to nullify that decision weeks later, the Supreme Court has undermined the authority of parliament and created confusion about fundamental issues of separation of powers and constitutional authority. What government official can now carry out their duties without the fear of Supreme Court action if the Chief Justice does not like the outcome.
This gets to what is perhaps the most troubling question of all – would the Supreme have issued this new order had the Speaker of the National Assembly herself disqualified Mr. Gilani? In other words, is Pakistan’s Supreme Court acting pursuant to due process or desired outcomes?
Via – Twitter
Showing the red rug to the bull!
PM contempt: ‘Govt will comply if SC orders Gilani’s disqualification’
By Web Desk / Sumera Khan
Excerpts;
…. 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
Sindh Assembly smells conspiracy behind 20th draft bill of amendments in constitution for creation of new provinces
SA thumbs down to any change
By: Ramzam Chandio
KARACHI – The Sindh Assembly on Friday sent a clear signal not to accept any amendment in Article 239(4) of the Constitution, relating to two third votes of provincial legislature mandatory for altering/creating new province within any province.
The law minister while supporting the proposed resolution of a lawmaker from NPP promised before the House that the resolution would be taken up in the Assembly for discussion on the next Monday. The Sindh Assembly, which met at 11:30hours, against schedule of 10:00am, with Speaker Nisar Ahmed Khuhro, consumed over ten minutes on arguments and counter arguments on a request of Masroor Ahmed Jatoi from NPP, who wanted to move a resolution out of turn, opposing any amendment in Article 239 (4) of Constitution. After question-hour session, NPP MPA Jatoi, stood on his feet and urged the chair to allow him to move a resolution out of turn. The proposed resolution of Mr Jatoi was also distributed among the media persons in press gallery, carried signatures of lawmakers of the ruling PPP, PML-F, NPP and ANP. ….
Read more » The Nation
Ayaz Latif Palijo’s speech in Karachi, Sindh
Most of the leaders of third world countries on sale, but Pakistan’s ruling elite is exception & it is very lower level satrap and slave
ANALYSIS: Schamlosigkeit! — Mir Mohammad Ali Talpur
….. Here, our easily purchasable politicians and bureaucrats do not hesitate to barter away their souls and, in Reko Diq’s case, the asking price is not their souls but the easily dispensable rights and future of the Baloch people.
The rights of the Baloch people seem inconsequential to the centre and they flout them with brazenness. Recently, Balochistan Assembly Speaker Mohammad Aslam Bhootani minced no words and exposed the immense pressure being put on them by the Prime Minister’s House to allot 70,000 acres in the environs of Hingol National Park to Arab princes for rest and recreation. He emphasised that the Balochistan government had earlier refused this land to a federal security institution because of the local people’s opposition. The Arab princes would do well to remember that in Balochistan they will not enjoy the tranquillity that Cholistan offers because here the people will definitely resist their unwanted presence.
Sheikh Khalifa bin Zayed Al-Nahyan, president of the UAE, alone has been allotted hunting permits in Zhob, Ormara, Gwadar, Pasni, Panjgur and Washuk districts. Pakistan is a signatory of the UN Bonn Convention on migratory species, which protects the endangered Houbara Bustard. But expecting respect for ‘bird rights’ where ‘human rights’ suffer immeasurably is infantile fantasy.
The Arab royalty have also been granted tax exemptions for all their property and imports for hunting purposes. The Federal Bureau of Revenue (FBR) clarified that “similar exemptions were also given to the United Nations, charitable organisations and diplomats”. The Arab rulers certainly qualify as ‘charitable organisations’ for the rulers and politicians here. They give them asylum and plead their case with the US.
The Pakistani politicians and the establishment are very fragile and vulnerable to pressures as is amply proved by the WikiLeaks or rather the ‘Wikitorrents’ that they have turned into. WikiLeaks certainly threatens to sweep away many a reputation and career around the world except perhaps in Pakistan and the Middle East where phenomenally shameless unashamedness or Schamlosigkeit exists as a unique quality in the rulers and establishments; the worse the reputation, the better are the chances of success.
The respect that the Arab princes and rulers accord to the rulers and politicians here is apparent from the choice epithets used for them in WikiLeaks. Some are considered dirty but not dangerous and others are dangerous but not dirty, and yet these shameless people go grovelling to their liege lords like serfs and subjects.
These rulers and politicians and the establishment sacrifice self-respect for material benefits; they cannot be expected to stand up for the rights of the Baloch people over their resources and land. And, moreover, because the Baloch do not expect them to protect their rights, they will resist Tethyan and the Arab princes’ encroachments on their land and resources in the same way that made, in spite of the huge military presence, Amoco Oil Company give up oil exploration in the Marri area in 1974.
To read full article : Daily Times
The writer has an association with the Baloch rights movement going back to the early 1970s. He can be contacted at mmatalpur@gmail.com
Islamabad : The National Assembly appeared shocked : A lot of military activity on the Constitution avenue – The soldiers did not salute the national flag which is the duty of every uniformed Pakistani and they insulted a federal minister in his flag-bearing car
Two soldiers ‘train’ guns at minister
– Chaudhry Nisar said he saw “a lot of military activity” on the avenue at the time, giving him the impression that “some four-star general” was coming to meet either the president or the Prime Minister.
ISLAMABAD: The National Assembly appeared shocked to hear from opposition leader Chaudhry Nisar Ali Khan on Monday that two soldiers had insulted a federal minister in his flag-bearing car earlier in the day by training their guns at him at a checkpoint near parliament when a four-star general too was in the area.
The government acknowledged that this “serious” incident had happened, which Petroleum and Natural Resources Minister Naveed Qamar said would be taken up with “appropriate authorities”.
Deputy Speaker Faisal Karim Kundi, chairing the proceedings at the time, called for a report about what he called an incident of “highhandedness” before the house concludes its current session after four days.
But neither of the three men who spoke about the matter identified the minister involved in the incident, which the opposition leader said happened some time in the afternoon, when he also drove around 2pm through the Constitution Avenue, on which the Parliament House is located and where one of the checkpoints normally manned by police checks vehicles going towards the Parliament House as well as the nearby presidency and the Prime Minister’s House.
Also none of them named the general for whom troops came to control traffic, although Chief of Army Staff Gen Ashfaq Parvez Kayani met President Asif Ali Zardari on Monday afternoon.
Chaudhry Nisar said he saw “a lot of military activity” on the avenue at the time, giving him the impression that “some four-star general” was coming to meet either the president or Prime Minister Yousuf Raza Gilani and that he was informed by some witnesses later on coming to his office in parliament about a minister’s car flying the national flag having been stopped along with other cars by two soldiers “carrying bandooks (rifles)” and controlling traffic at the checkpoint instead of police.
“The soldiers did not have the courtesy to salute the national flag… which is the duty of every uniformed Pakistani,” he said.
“The matter did not end there,” he said, and added that when the driver of the minister — who too he thought was heading towards the presidency or the prime minister’s house — “tried to move his car forward, the two soldiers trained their guns” (towards the inmates).
“Is it the national army or an individual’s army,” the opposition leader asked and stressed the troops had no business to assume police job. “If they stop me tomorrow, I will not stop.”
The army would enjoy the nation’s respect only if it complied with its constitutional duty of defending the borders, Chaudhry Nisar said, drawing cheers from his PML-N colleagues as well many PPP members.
Minister Naveed Qamar said it was a “serious matter” to stop the car of a minister with the national flag or of any elected member of the house and added: “The government takes it seriously. We will take up the matter with appropriate authorities.”
Read more : DAWN
More details BBC urdu
Indus Asia Online Journal (Click here to go to home page) 