News
Wednesday, May 16, 2012
PM’s conviction through short order illegal: Aitzaz* SC or high courts have no jurisdiction to deal with PM’s disqualification
Staff Report
LAHORE: Barrister Aitzaz Ahsan on Tuesday said that the conviction of Prime Minister (PM) Yousaf Raza Gilani through a short order by the Supreme Court was illegal and unconstitutional.
Talking to reporters on the Lahore High Court Bar Association premises, he said the PM’s conviction through short order was violation of Article 10-A of the constitution, which was inserted in the constitution after unanimous nod from parliament. He said that the contempt proceedings were of criminal nature and the accused could not be convicted until he was informed of his offence and arguments were not advanced.
Aitzaz said that it was not possible to give a sentence without giving a reason. Being the counsel for the convict he also had reservations about the detailed judgement, he added.
He said that the prime minister had never given any indication of not accepting the court’s order. He said that there were many complications regarding the contempt of court case. About taking next step after conviction, he said that they were considering all options, including filing of an appeal challenging the conviction. He said that the Supreme Court or high courts had no jurisdiction to deal with the prime minister’s disqualification and it was the pre-rogative of the National Assembly speaker to decide. He said that no one could take away this authority from the speaker.
He also said that the president had immunity and no one could be sentenced without any reason and a letter to Swiss authorities could not be written until the president was holding the office.
Courtesy www.dailytimes.com.pk