Speaker exceeded lawful authority: SC

The Supreme Court on Tuesday issued a 42-page detailed verdict of the disqualification of former prime minister Yousaf Raza Gilani, stating that the National Assembly speaker had no discretion left in the matter when a court of competent jurisdiction had found a member of parliament guilty of an offence falling under Article 63(1)(g) of the constitution.
Chief Justice Iftikhar Mohammad Chaudhry himself wrote 42-page ruling in Urdu language while it also include a six-page additional note written by Justice Jawwad S Khawaja. The verdict states that the disqualification ruling was finalised after the government decided not to file an appeal against the conviction verdict by the seven-member bench.
The order said Gilani’s lawyers could not satisfied the court that a person guilty of contempt of court can remain prime minister. The order said the CJP had ruled that when a court of competent jurisdiction found a member of parliament guilty of an offence falling under Article 63(1)(g) of the constitution, the speaker had no discretion left in the matter. In such circumstances, the constitution required the speaker to refer the matter of disqualification to the Election Commission. Therefore, by not referring the matter to the Election Commission, the National Assembly speaker exceeded her lawful authority. Her decision therefore was liable to be struck down upon judicial review.
Earlier on June 19, a three-member bench, issuing short order, disqualified the former premier. The SC declared Gilani disqualified from holding a seat in parliament from the date of his conviction on April 26 by a seven-member bench for contempt of court. However, National Assembly Speaker Dr Fahmida Mirza asserted the position that no reference was binding, so she did not move the Election Commission of Pakistan (ECP) against Gilani for his disqualification. Later, numerous identical petitions were filed against the NA speaker’s ruling. Hearing the petition, the bench disqualified Gilani from premiership as well as the membership of the assembly. Hours after the pronouncement of the short order, the Election Commission de-notified Gilani as member of the National Assembly and declared his seat vacant.