Prime Minister Gilani is primed for the worst

Prime Minister Syed Yousaf Raza Gilani has said that he would automatically lose not only premiership but also membership of the parliament if he is convicted in contempt of court case, clearing the air about his legal status before appearing the Supreme Court.

The premier was of the opinion that he would be no need for him to resign, saying “There’s no need to step down. If I’m convicted, then I’m not supposed to be a member of parliament”.

About writing a letter to the Swiss authorities to reopen corruption cases against his boss President Asif Ali Zardari in accordance with the Supreme Court’s NRO judgment, he clarified charges against the president were politically motivated and he had immunity.

After the rejection on Feb 10 of Prime Minister Gilani’s intra-court appeal against the court’s decision to convict him contempt charges, a new debate had started whether he could hold his slot in case of conviction or not.

Gilani will appear before a seven-member bench of the Supreme Court to be formally charged for not implementing the NRO judgment. The SC after declaring null and void the National Reconciliation Ordinance NRO) in 2009 had asked the government to write a letter to the Swiss authorities for reopening money laundering cases against Asif Ali Zardari.

However, the legal experts have difference of opinions on likely repercussions of the case for the premier. Salman Raja, a Supreme Court lawyer, was of the opinion that the court could sentence him to up to six months of imprisonment if charges against the prime minister were proved.

In his view, disqualification of a member of parliament was a different matter. He reads Article 63(g) of the Constitution that says a member of parliament can be disqualified if he is found guilty of ridiculing the judiciary.

While the prime minister has been saying from day one he fully respects the judiciary, but has been following the Constitution which provides complete immunity to a sitting president against criminal prosecution.

The lawyer said there was a detailed procedure under which an application should be moved with the speaker’s office for disqualification. The speaker would take a decision on the application within 30 days, he observed.

In his opinion, on agreeing with the argument that the member should be disqualified, the speaker would file a reference with the Election Commission which would have 90 days to decide the matter, he remarked.

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Posted by Faisal Farooq on Feb 13 2012. Filed under Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.