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NA Speaker ruling case: Fehmida Mirza submits reply
ISLAMABAD: The Speaker of the National Assembly, Dr Fehmida Mirza has submitted her reply in the Supreme Court. The apex court is hearing identical constitutional petitions challenging the May 27th ruling of the National Assembly Speaker over the disqualification of Prime Minister Yusuf Raza Gilani.The petitions are being heard by a three member bench comprising of Chief Justice Iftikhar Muhammad Chaudhey, Justice Jawwas S Khawaja and Justice Khilji Arif Hussain.
In her reply which was submitted by the Attorney General, Dr Mirza has requested the Supreme Court to reject the petitions.
During Monday’s proceedings the counsel for Prime Minister Gilani, Barrister Aitzaz Ahsan concluded his arguments and contented that the matter should be referred back to the National Assembly Speaker or sent to the Election Commission.
Aitzaz Ahsan argued that the court could not declare a member of the assembly as disqualified. He challenged the hearing of the case by the Supreme Court, arguing that neither the provincial government became a party in it nor was anyone's fundamental right affected. 'The court cannot go beyond its jurisdiction; the petitioners should have approached the high court first.'
In reply, Chief Justice remarked how the verdict of a seven member Supreme Court bench could be taken up by the high court. 'The petitioners have argued that the person in question (the prime minister) is not only an MNA but a representative of 180 million people.' Chief Justice Chaudhry also asked Aitzaz Ahsan to quote a similar example.
Meanwhile, Attorney General Irfan Qadir interrupted the proceedings and said if the seven-member bench rules against the wishes of the people it is also unconstitutional. The bench stopped the AG on that point and instructed to speak on his turn.
Aitzaz, while continuing his arguments referred to a case of former dictator Musharaf's election in uniform. The CJ asked him why he is quoting this example, while being a flag bearer of democracy and constitution. This is a case about which no one wants to talk about, the CJ added.
The counsel also admitted that the conviction judgment attained finality and it was not challenged because the PM was not disqualified.
Chief Justice Iftikhar said that the Speaker is a respectable person, she is the custodian of the House but some of her actions are different than Parliament's functions. There are many cases that allow review of Speaker's ruling, he added.
Aitzaz noted that the oath of the Chief Election Commissioner (CEC) does not include the condition that he would defend and protect the Constitution.
He (Prime Minister Gilani) was not convicted of defaming or ridiculing the judiciary so no question of disqualification arises, Aitzaz said.
Munir Paracha, the counsel for the Federation, also pointed out that the petitions are not maintainable. 'Under 18th Amendment the Parliament has increased the powers of the Speaker. Under Article 63, the disqualification of a member is linked to the charge of defaming and ridiculing the judiciary.'
The prime minister was charged for not following the court’s orders, Paracha added.
In his arguments Attorney General Irfan Qadir said that the Supreme Court could not intervene in the authority of the National Assembly Speaker and Election Commission.
Courtesy www.geo.tv