Pakistan Prime Minister has fired from ministery by supreme court

NA Speaker ruling case verdict today

 

 

ISLAMABAD: The Supreme Court of Pakistan (SC) will announce the short order of the NA Speaker ruling case today, Geo News reported.

The apex court is seized with identical petitions challenging NA Speaker Dr Fehmida Mirza’s rulings not to send a reference for the prime minister’s disqualification to the Election Commission of Pakistan (ECP).

A three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, and comprising Justice Jawad S Khawaja and Justice Khilji Arif Hussain heard the identical petitions, filed by the PML-N, Tehreek-e-Insaf and others against the NA speaker’s ruling over the disqualification of the prime minister.

The Chief Justice remarked that PM Gilani's conviction could have been suspended if it was challenged. 'Only the appellate court can review a judicial ruling, no one can wipe away a judicial ruling.'

During his arguments, Attorney General Irfan Qadir contended that the prime minister is not answerable to courts as he enjoys immunity under Article 248. He further said that there were no clashes among the institutions and that only the parliament can disqualify any member of national assembly (MNA).

While arguing, the AG said that the parliament has passed the resolution in favour of the speaker’s ruling as it was feared that the courts can issue such illegal orders in future. He said that the parliament has the right to abolish any court order against the speaker.

The parliament on Thursday passed a resolution in favour of its speaker's ruling, refusing to disqualify Prime Minister Yousaf Raza Gilani after his conviction in the contempt of court case, declaring that it could not be questioned.

The chief justice remarked that the courts respect the parliament and there would be no clash among the institutions. The courts are only discharging its duties.

The attorney general remarked about judiciary’s contempt on which the chief justice instructed him to avoid irrelevant arguments.

During Monday’s hearing, the chief justice remarked that the prime minister is the representative of public, and not his party, adding that the petitioners have contended in their petitions that a convicted person cannot represent 180 million people of the country.

Attorney General Irfan Qadir, however, opposed the petitioner’s contention, and submitted that the seven-member bench, while convicting the prime minister, had moved beyond their jurisdiction. He contended that the Supreme Court couldn’t interfere in the affairs of the National Assembly speaker and Election Commission. The AG further submitted that there was no issue of disqualification of the premier but the only issue was whether the PM had committed contempt of court or not.

“The decision of the seven-member bench against the prime minister was a violation of a Clause 1 of Article 248 of the Constitution,” the AG contended adding that the decision of the apex court against the PM was also in violation of Clause 2 of Article 248 of the Constitution. He submitted that the conviction of the PM was based on a groundless charge, adding that the apex court had never directly ordered the PM to write a letter to the Swiss authorities.

At this, the chief justice asked the AG if the PM’s conviction was against the law, and if so, then the PM should have filed an appeal before the court. “The entire contempt proceedings were conducted against the PM without jurisdiction as there doesn’t exist any contempt law in the country,” the AG contended, adding that the court will have to protect the Constitution.