News
Tuesday, May 29, 2012
PML-N, PTI challenge speaker’s ruling in PM’s caseOpp brings Gilani back in the dock
* Says assumption of jurisdiction by NA speaker under Article 63(2) of constitution was an unlawful act
* PML-N requests SC to restrain Gilani from holding office of PM
By Hasnaat Malik
ISLAMABAD: Opposition parties Pakistan Muslim League-Nawaz and Pakistan Tehreek-e-Insaf have challenged the National Assembly speaker’s May 24 ruling in the Supreme Court that declared Prime Minister Yousaf Raza Gilani qualified as a member of parliament.
PML-N senior leader Khawaja Muhammad Asif has moved a nine-page petition in person, while PTI Chairman Imran Khan has filed an 18-page petition through his counsel Hamid Khan under Article 184(3) of the constitution.
Both leaders have made the National Assembly speaker, PM Gilani, federation of Pakistan through the law secretary and Election Commission of Pakistan respondents. They prayed that the assumption of jurisdiction by the NA speaker under Article 63(2) of the constitution was an unlawful act, which was without jurisdiction and, consequently, of no legal effect.
Khawaja Asif stated that as the PM had not filed any appeal against his conviction and punishment so far, it, needless to say, amounted to “confession on his part”. Imran Khan said the decision not to file an appeal means the conviction attained finality, adding in any case, the time period provided under Section 19 of the Contempt of Court Ordinance had already expired.
“Mr Gilani may graciously be restrained from holding the office of prime minister and performing the functions of or from claiming to be a PM of country,” Khawaja Asif contended.
The PML-N leader also stated that being ruled by a convicted and disqualified person, who was deciding the fate and future of the people, was a disgraceful offence to the right of the people to life and to their right to lead a life of dignity, honour and pride as guaranteed, inter-alia by articles 4, 9, and 14 of the constitution, adding, “The act of a disqualified person to insist on continuing as the prime minister of the country is a defiance and a subversion of the constitution culpable under Article 6.”
Imran Khan, raising 26 questions of law against the speaker’s ruling in the petition, contended that the speaker’s decision was without jurisdiction as under the constitution, the judicial power is vested in the judiciary.
“The decision is clearly meant to benefit her political bosses, namely Prime Minister Yousaf Raza Gilani and President Asif Ali Zardari,” Khan added.
He said the order is clearly biased in favour of Gilani and designed to obstruct the enforcement of the Supreme Court judgement of April 26.
Courtesy www.dailytimes.com.pk