SC likely to judge speaker’s ruling on PM today

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.