News
Wednesday, May 23, 2012
PM can’t be disqualified in view of SC order, AG tells NA speaker* Irfan Qadir says court order regarding prime minister’s conviction ‘unconstitutional’
* No contempt of court law exists in country
By Hasnaat Malik
ISLAMABAD: Attorney General (AG) Irfan Qadir has opposed disqualification of Prime Minister Yousaf Raza Gilani in view of the Supreme Court’s (SC) judgement in a contempt of court case against him.
According to sources, National Assembly Speaker Fehmida Mirza sought the AG’s opinion regarding the PM’s disqualification in view of the court’s April 26 order.
Irfan Qadir, submitting his written opinion to the speaker, said that she could not disqualify the PM in view of the court’s order. It is to be noted that the AG has declared the court’s order regarding the premier’s conviction “unconstitutional because it was violation of several articles”. He had stated that no contempt law existed in the country.
Earlier, Fehmida Mirza has also asked Prime Minister Gilani to file a response regarding his conviction in the contempt of court case.
Sources said that Gilani would respond to the speaker with an official written reply by today (Wednesday).
Under the constitution, the speaker is required to send a reference to the Election Commission of Pakistan (ECP) within 30 days if she thinks the prime minister stands disqualified in light of the Supreme Court verdict.
Lawyers are not clear when the period of 30 days would end.
The government believes that this period would start once the Supreme Court has given its verdict on the appeal.
On the other hand, one section of lawyers say that the National Assembly speaker would reject the reference related to the PM’s disqualification as she has authority to do so.
Law Minister Farooq Naek has already said that Fahmida Mirza could decide the future of Gilani.
Legal experts say that the article 63(2) gives this power to the speaker.
“If the speaker declares that the prime minister is qualified to hold his office, his conviction will be automatically suspended,” an expert said.
In such an event, the constitution is silent on whether or not her ruling could be challenged in a court.
Lawyer Salman Akram Raja said that in case the speaker decided in favour of Gilani, her decision could be challenged in the Supreme Court since there was no specific constitutional provision to deal with such an eventuality.
Raja added, in case the government files an appeal against the judgement, the speaker’s office could hold the reference until disposal of the appeal.
The Islamabad High Court has already rejected an appeal, seeking disqualification of the PM in view of the SC’s detailed judgement.
Some lawyers said the ECP could not bypass the speaker and take up the case of PM’s disqualification.
Courtesy www.dailytimes.com.pk