No disqualification: Speaker Fehmida Mirza takes firm stance

Speaker National Assembly Dr. Fehmida Mirza has decided not to send the reference to the Election Commission of Pakistan (ECP) against Yousaf Raza Gilani, saying there was no question of his disqualification as a member of the National Assembly (NA).

The speaker announce the ruling a couple of days before the possible expiry of a one-month deadline to decide the fate of the convicted prime minister,

Dr.  Fehmida Mirza, the member of the ruling Pakistan Peoples’ Party (PPP), in her five-page ruling observed, “No question of disqualification of Syed Yousaf Raza Gilani from being a member arises under clause (2) of Article 63 of the Constitution”.

She added that charges against the Prime Minister were not relatable to the grounds mentioned in paragraph (g) or (h) of clause (1) of Article 63, therefore, no question of disqualification of Syed Yousaf Raza Gillani from being a member arises under clause (2) of Article 63 of the Constitution.

She said she might like to show her serious concerns regarding letters through which Short Order and detailed judgment of the Supreme Court were separately conveyed by the Assistant Registrar writing for Registrar and addressed directly to the Speaker.

The speaker categorically declined to dispatch a reference against the premier of his own party to the ECP, dismissing a court order and a subsequent petition that sought Gilani’s disqualification.

Dr. Fehmida Mirza had been holding consultations with various legal and constitutional experts for several weeks prior to issuing this judgment.

Although the ruling triggered a fresh constitutional and legal debate in the country, the ruling PPP had decided to firm in its stance that parliament is the supreme institution and its decision cannot be challenged at any other forum.

A seven-member bench of the apex court convicted Prime Minister Gilani on contempt of court charges over his refusal to write a letter to the Swiss authorities asking them to open graft charges against President Asif Ali Zardari.

Following the short order, a detailed judgment was issued on May 8. The court, through official channels, conveyed both orders to the NA speaker.

Furthermore, Advocate Maulvi Iqbal Haider also moved an application to the speaker’s office pleading that the case be sent to the ECP.

Short URL: https://www.newspakistan.pk/?p=23311

Posted by Faisal Farooq on May 25 2012. Filed under Latest News, National, 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.