The Supreme Court on Tuesday ruled Speaker National Assembly Fehmida Mirza’s ruling as void and declared that Prime Minister Yousuf Raza Gilani stood disqualified since April 26.
“Yousuf Raza Gilani is disqualified from membership of parliament from April 26, the date of his conviction. He has also ceased to be the prime minister of Pakistan,” said Chief Justice Iftikhar Mohammad Chaudhry, reading the order.
“The Election Commission shall issue a notice of disqualification and the president is required to take necessary steps to ensure continuation of democratic process,” he added.
A three-member bench, comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain heard a set of constitutional petitions challenging National Assembly Speaker Fehmida Mirza’s ruling over the reference against Prime Minister Yousuf Raza Gilani.
The bench had been hearing a set of petitions filed by the Pakistan Muslim League-Nawaz (PML-N), the Pakistan Tehrik-i-Insaf (PTI), Azhar Chaudhry advocate and others challenging the speaker’s ruling of May 24 over the qualification issue.
Earlier during today’s hearing, Attorney General Irfan Qadir presented in court the National Assembly’s resolution endorsing the speaker’s ruling. The resolution had been moved by the government and was adopted by the NA on June 14.
“We respect the courts, however, state institutions should try to avoid clash amongst themselves,” the attorney general said.
Upon which the chief justice remarked that the judiciary respected the parliament and that there was no clash between the state’s institutions.
Justice Khilji remarked that the court’s duty was to interpret the law and the constitution and to stop all measures which violate these.
Qadir said that if the court issued an order against the speaker’s ruling, the parliament would declare it invalid.The prime minister is not answerable to the courts over the dispensation of his professional duties, the attorney general said.