News
Monday, June 25, 2012
Gilani’s actions get presidential shield* Ordinance issued by Zardari says actions or decisions taken by former prime minister between April 26 and June 19 can’t be challenged in any court
ISLAMABAD: President Asif Ali Zardari on Sunday promulgated an ordinance to give constitutional protection to all decisions made by former prime minister Yousaf Raza Gilani between April 26 – when he was convicted of contempt – and his dismissal on June 19, to prevent the ex-premier’s actions taken during the past two months from being challenged in any Pakistani court.
When they ousted Gilani, the Supreme Court said he was no longer prime minister from the date of his contempt conviction, raising the prospect of any actions he took as premier in the past two months being challenged.
The ordinance, issued in accordance with the powers conferred on the president according to Article 89 of the constitution, maintains it as of considerable importance that all legislation carried out by the disqualified prime minister should be given legal cover and acceptance in order to ensure that all assembly and Senate proceedings continue, unperturbed.
“The functions including parliamentary functions performed, actions taken, orders passed, directions issued, instruments made, MOUs executed, national and international commitments made, process of communication issued, advice given to the President in any matter, including in respect of Acts and Ordinances, SROs and other legal instruments issued, powers confirmed, assumed or exercised, or appointments made, by Syed Yousaf Raza Gillani, Prime Minister of Pakistan from 26-04-2012 to 19-06-2012 (both days inclusive), shall be deemed to have been validly done, performed, taken, passed issued, made, given, confirmed, assumed, executed, exercised and provisions of this Ordinance shall have, and shall be deemed to always to have had, effect accordingly,” the ordinance said.
It said that no suit, prosecution or any other legal proceedings, including a petition, should lie in any court, including the Supreme Court, against any order made or functions performed by the former premier.
The ordinance also covers all domestic and foreign agreements signed by Gilani on or after April 26.
Renowned legal expert SM Zafar said the ordinance would give legal protection to the ex-premier’s decisions for it had a legal status as both houses of parliament were not in session.
Talking to Daily Times, Zafar said that even the Supreme Court had not categorically declared invalid all the decisions made and actions taken by the former prime minister during the last two months.
On June 19, the Supreme Court disqualified Gilani due to his conviction in the contempt of court case, for refusing to reopen graft cases in Switzerland against the president. Many important decisions were made between the time when Gilani was convicted for contempt of court and when he was dismissed on June 19, including the federal budget for the next financial year beginning July 1.
The apex court’s ruling against Gilani had triggered speculation about the legal status of decisions made by him after his disqualification, which led the government to protect theoe actions, as it feared petitions might be filed against the former premier’s decisions made after his disqualification, pleading the courts to declare his actions and decisions since April 26 null and void. Apart from the federal budget, a key action related to the judiciary as various judicial appointments had been made after April 26 on the advice of Gilani.
Foreign agreements are another important area. Gilani visited United Kingdom during the said tenure and inked various agreements with his counterpart. The PPP government, dogged by corruption allegations, has been locked in a stand-off with the judiciary for years. Zardari was forced to ditch his first choice to replace Gilani, Makhdoom Shahabuddin, after an anti-narcotics court ordered his arrest over a drugs scandal. staff report/agencies
Courtesy www.dailytimes.com.pk