Speaker exceeded lawful authority: SC

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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.

12 COMMENTS

    • That was not her but Aitazaz Ahsan's mental ability which needs to be questioned in bringing that stupid ruling. He was the one who drafted it.

  1. This was the speaker's one chance to shine & stand for her country.

    She decided to stand by the corrupt, the filth & thieves.

  2. Speaker's ruling was correct. Supreme Court has no business in parliamentary affairs. We have no faith in these plot seeking and pco judges. They are themselves corrupt to the core. They are ignorant to the extent that they do not even know what their sons do even when they live under the same roof and glitter is all around.

    • Sorry to see yr state of yr mind…..wud advise u to read the detailed ruling before u comment based on yr obsession of our judiciary…..let it be challenged…it is yr right but do not comment just for the sake of commenting……

  3. As if the Supreme Court buffoons understand the law. It is time to stand up and call those thugs arrogant ass. Let there be as many contempt as possible. It is the need of the time. So get up Pakistan and get rid of this judicial junta. A thug is a thug whether in uniform or judicial robes.

  4. Given the state of affairs in the three branches of govt, the judiciary is still performing better than the other two. Its not perfect but the perception is that its still better than the others. There are a little more stringent requirements to be a judge than there are to be a part of the other two. Jiayalas, who are mostly illetrate and lower class, do not understand things that require a higher caliber of intellect. It is in ppp interest to keep these people stupid and hungey so they cannot think beyond providing food for their 4 wives and 20 children. Untill ppp is completely wiped off from Pakistan, the country cannot progress. So far, judiaciary is the only one trying to do their part to get rid of these thugs.

  5. @ Daddy: You again, with your old comments – you seems to be a total *i d i o t* – PPP is the B I G G E S T political force of Pakistan and dare you have the courage to face it – come out of your air conditioned bedrooms and see for yourself where do you stand in public.

    Oh one thing more – any Jiayala has a big enough p*e*n*i*s to reach from from down upto the place where your "intellect" is located.. May you and your very close one remain in pain always…. from a Loyal Jiayalas….

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