CEC, not NA speaker, can decide Gilani’s fate: legal experts

While legal experts stand divided on the decision made by National Assembly Speaker Dr Fehmida Mirza regarding the reference against Prime Minister Yousaf Raza Gilani, a majority of them thinks that she made a wrong decision, arguing that the chief election commissioner (CEC) was the proper authority to decide the convicted prime minister’s fate.
Eminent lawyer Babar Sattar said on Thursday that the speaker had made a wrong decision after following her party’s dictation. He said the speaker had misused her authority, as she should have forwarded the reference to the CEC.
“The court judgment was clear under which she had to forward the reference. The only matter the speaker had to decide was whether a question had risen after the conviction of the premier. The verdict reflected clearly that there was a question raised. The speaker demonstrated partisanship,” he said, adding that the court order was clear and there was no ambiguity in it. “In my view, she has the discretion to make a decision but she made a wrong decision. The forum to decide the prime minister’s fate was CEC, and not the speaker,” he said. Sattar said the speaker had 30 days to decide, but unfortunately she exercised her authority incorrectly though it was not illegal, he said, adding that there was no legal remedy in the constitution about this situation.
“Now the apex court would likely be moved against the speaker’s decision and the SC would have to interpret her powers. However the court cannot overturn speaker’s decision as any such decision may reflect partisan approach on part of the court. The apex court has yet not decided the article 63(2),” he said, adding that any such order might lead to interference.
Supreme Court Bar Association (SCBA) President Yaseen Azad said that although the speaker had taken the decision, the reference has to be decided by the CEC which is the final authority in this regard.
“She has taken the decision according to her mind and the advice she was given. But in my view, she is not the forum to decide the matter and rather the final authority lies with the CEC who has to take a decision in any case after 30 days’ time availed by the speaker. Whether or not speaker forwarded the reference, this matter has to be resolved by the CEC,” the SCBA president asserted.
He said the time period leading to the disqualification had started after issuance of the detailed verdict by the apex court. In case the government goes for an appeal, this time will remain suspended until the decision of the appeal is made, he said. “If the appeal is rejected, the timeframe will resume from the day of the rejection of the appeal. The government has 30 days to appeal,” he added.
Dr Basit, another legal expert, said that there was no logic in the speaker’s decision as she was a window or a post office, but not the person to decide on the matter. “Now this case would automatically go to the CEC. Under the People’s Representation Act, if the speaker does not send the reference, the matter would automatically go to the CEC within 30 days,” he said, adding that the CEC had the power to decide the fate of any convicted member of the parliament.
“She has no powers to decide the matter on her own. The statute says that the matter would automatically go to the CEC. Her decision is devoid of any legal significance,” he added.