SC likely to judge speaker’s ruling on PM today

By
anjum
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20
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As the Supreme Court is likely to announce its verdict on the petitions challenging the ruling of the National Assembly speaker on the disqualification case against Prime Minister Yousaf Raza Gilani today (Monday), jurists are divided on the question of the PM’s instant disqualification in case the apex court overrules the speaker’s ruling.
Talking to Pakistan Today, Justice (r) Wajihuddin Ahmed said Prime Minister Yousaf Raza Gilani would be automatically disqualified if the Supreme Court strikes down the ruling of the speaker while prominent legal expert SM Zafar thinks that in this case the matter of PM’s disqualification will be referred to the Election Commission of Pakistan by the apex court as it is the “due process”.
Zafar said the Supreme Court could review the ruling of the National Assembly speaker. “If the apex court comes to the conclusion that the speaker’s ruling is wrong, it can overrule it,” he said.
When asked whether the prime minister would stand disqualified if the apex court struck down the speaker’s ruling, SM Zafar said the court could refer the PM’s disqualification case to the Election Commission of Pakistan (ECP) “but would not disqualify him”.
Justice (r) Wajihuddin said that the Supreme Court could overrule the ruling of the National Assembly speaker as Pakistan’s constitution did not provide any such immunity to the speaker. “The prime minister is already disqualified under Article 63 (1) (G) of the constitution. If the apex court overrules the ruling of the speaker, the prime minister will be automatically disqualified and lose his office with no need of sending a disqualification reference against him to the Election Commission of Pakistan,” he said, adding that in his opinion the Supreme Court should not give more time to the government.
Senior lawyer Hamid Khan was of the opinion that the Supreme Court had three options if it decides to set aside the speaker’s ruling. He said the Supreme Court could unilaterally disqualify the prime minister, or it could send a reference against him to the Election Commission. He added that the Supreme Court could first suspend the membership of the prime minister and then send a reference to the Election Commission.

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20 COMMENTS

  1. 1) Supreme Court does not have the power to interfere in Parliamentary proceedings. If it does so, it will be setting a wrong precedent. By the same token, Executive & Parliament can claim right to interfere in Supreme Court judgements.
    2) It is unfortunate to see Justice (Retired) Wajihuddin taking such a partisan position after joining PTI. He must maintain balance, remain objective and protect his reputation. It may be recalled that he refused to take oath under PCO in 1999 when Iftikhar gladly took it, not once but twice.

    • every one has the right to opine like yours. Mr. gilani is heading towards his ultimate end, whether you like or not. The apex court must assert its decisions. Heaven is not going to fall. If nothing happened when late Bhutto was hanged nothing wrong will happen now.

  2. I am not a jurist or a legal expert but i am of the firm opinion that things are not moving in the right direction. we are moving towards a scenario of clash between the institution not merely because the government has not implemente courts decisions but because the SC also has been playing to the gallelry. Egged on by the partisan media and the opposition parties, it has in certain cases also trangressed its constitutional authority . In the subject case whatever the decision of the supreme court, it cannot remove the Prime Minister even if he is disqualified. article 190 says that if a minister is disqualified for any reason he can still hold his postion for six months. Prime Minister is also a minister.
    Malik Muhammad Ashraf

  3. Gilani is lyk indian dramas, al the tym draging useles matter and gve EXCUSES for the m0st important problms. He deserves to be thr0wn

  4. The Supreme Court has been neutralized by the Arsalan matter.
    It dithered when it should have been firm and now has lost the whole game to a far more cunning opponent in the Presidency

  6. @Shahid Malik, I agree with you, however, extreme circumstances require extreme measures. The court needs to come down HARD on this issue.

    Forget setting precedent, we are talking treason here, at this moment in time, the darkest of times in Pakistan's history, we need someone strong to disregard reputation & strike with all might at the mafia of Zardari & Gilani.

    We need to annihilate these people, exterminate, destroy all traces of their existence.

    • This is strong resolve on your part. Congratulation. I hope SC declare him disqualified and he thrown out from scared P,M House. He does not deserve to to reside there.

      • Have u imagined what wud happen if SC disqualifies him, Nothing. But more political unstability and war among Executive and Judiciary. Do you think army will interfere on the side of Judiciary. Never. If ever army interfere, the coming general wud not come to power to bring If.Ch, Imran or Nawaz to bring in power, rather he will take over and will consolidate his hold on power and try to marginalize all political forces. Is leay Janab Aqal Kay Nakhun Lain. Listen Musharaf martial law. We have Baluchistan: Another martial law, we will have Sindh.

        • Does not matter what happens. Nothing can be worse than what is happening now. Pakistan has hit rock bottom just becuase of one man Zaradri. Pakistan needs violent and bloody revolution where these crook be dargged on street and hanged upside down.

    • @Grazer, Have u imagined what wud happen if SC disqualifies him, Nothing. But more political unstability and war among Executive and Judiciary. Do you think army will interfere on the side of Judiciary. Never. If ever army interfere, the coming general wud not come to power to bring If.Ch, Imran or Nawaz to bring in power, rather he will take over and will consolidate his hold on power and try to marginalize all political forces. Is leay Janab Aqal Kay Nakhun Lain. Listen Musharaf martial law. We have Baluchistan: Another martial law, we will have Sindh.Today we r dealing treason in Baluchistan and tomorrow Sindh. In 1971 we dealt treason in Pakistan and we have Bangladesh and 90000 soldiers in Indiaqn jails. Try this.

  8. My question is if everything SC has to decide or do then what is point in keeping 400+ legislatures on country's exchequer?

  11. Iftekhar the CJ is quickly loosing his naive supporters, and why not, they were betrayed by him. He put his fatherly love (a private matter) before the dreams of an expectant nation of 180 million. History tells us that he will never be what he was a month ago. Thanks to his stupid and egocentric son who gambled away (along with his mother and sister) millions taken from a cunning guy in the casino halls of Monti Carlo. Choudhrees failed to deliver him what was promised, instead they showed pettiness by blackmailing Riaz Malik and telling him that CJ is metticulously neat and he is a saint and blah blah blah. CJ! how low one can get? Tell me…

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