Legal experts argue on what will happen to PM Gilani

Legal experts argue on what will happen to PM Gilani

Legal experts have started to argue about what will happen to Prime Minster Yusuf Raza Gilani on his next contempt of court hearing.

Gilani, who has been summoned to the court for not following the court orders on writing a letter to Swiss authorities to re-open corruption cases on President Asif Ali Zardari, has been asked by court to file a response by February 27.

Nevertheless, the legal experts have started to debate on whether the President can pardon Prime Minister, if he is charged by court. Another point to discuss is that whether PM Gilani will lose his seat after the conviction or is there a way out in the
Constitution that is to be adopted.

Former chief Justice of Pakistan, Justice Saeeduz Zaman Siddiqui believes that the President cannot pardon the Prime Minister because according to the constitution, he is bound to adhere to the advice of PM.

While responding to a question regarding the disqualification of PM Gilani, Justice (retd) Siddiqui said, It depends on the court’s verdict. If the court simply declares him convicted, then the question of disqualification will arise before the speaker of
the National Assembly, who will refer the question to the Election Commission of Pakistan within 30 days. The ECP, within 90 days, will de-seat him but if the court convicts him and disqualifies him, then no such procedure is required.”

In contrast, Senior Advocate Abid Hassan Manto expressed that the president has the authority to pardon the Prime Minister under the article 45, just like he did in the scenario of Rehman Malik.

He added that even if the SC convicts PM and disqualifies him, Article 63 of the Constitution regarding the disqualification from parliament would have to be used and most of all, the PM can appeal against the final decision of court.

Furthermore, Senator S M Zafar proclaimed that the President could pardon the PM in case of jail sentence but the conviction will remain undamaged, thus the PM will be disqualified from the Parliament according to the procedure available in Article 63.

Short URL: https://www.newspakistan.pk/?p=12669

Posted by Mursil Mehmood Butt on Feb 14 2012. Filed under Latest News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry