The Sindh High Court (SHC) issued a notice to the attorney general (AG) on Monday, seeking his comments on over a petition filed against Prime Minster Yousaf Raza Gilani for his “unconstitutional speeches against the army”.
The court also asked the National Assembly speaker to send a notification for the prime minister’s disqualification to the chief election commissioner.
A division bench including Justice Maqbool Baqar and Justice Muhammad Ali Mazhar was hearing the constitutional petition filed by Maulvi Iqbal Haider.
The petitioner alleged that the prime minister spoke against the army with “malicious intent” while the Supreme Court is hearing the memo case.
He maintained that the prime minister’s tone was extremely humiliating for the military institution, which is already facing pressure from the US.
In his petition, he said that he had filed a reference under Article 63 (2) of the constitution on the basis that the prime minister’s government had deliberately and intentionally violated its oath as prescribed in the constitution.
The prime minister stands disqualified from the National Assembly and not restraining his powers would frustrate the country’s national security establishment, thereby sabotaging a transparent inquiry into the memo issue,” he added.
He pleaded the court to declare the prime minister’s speech of December 22 in parliament as a violation of Article 63 (1) (g) and requested that the National Assembly speaker should send a reference for the disqualification of the prime minister to the chief election commissioner.