Speaker Fehmida Mirza speaks in favor of Prime Minister Gilani
Saturday, May 26th, 2012 4:26:13 by Faisal FarooqSpeaker National Assembly Dr Fehmida Mirza has given a ruling in favor of Prime Minister Syed Yousaf Raza Gilani on the issue of his disqualification after his conviction by the Supreme Court, insulating him from legal sanction.
Her ruling is a definitely a political decision but it is difficult to expect anything else in a case whose origins lie more in the political domain than the legal.
The firm stance that the Speaker has taken was generally expected, as it falls in line with the government’s position in support of the Prime Minister Gilani. The legal battle from here on becomes even more knotty.
The ruling triggered a fresh constitutional, legal and political controversy. The premier is terming the decision as victory of the democracy while Opposition Leader in the National Assembly Ch Nisar Ali Khan is describing it as a ruling by a PPP activist and misuse of authority.
Some analysts believe that the latest development will deepen the crisis further while the PPP and its coalition partners are of the view that the ruling has averted derailment of the democracy.
Legal fraternity is divided with majority considering that the Election Commission of Pakistan (ECP) is not bound by the ruling of the Speaker and it can take its own decision.
The debate instead of dying down would be intensified in the days to come and further polarize the society.
The fact remains that the ball would once again go to the top court of the country if any citizen moves against the speaker’s ruling, leaving aside various shades of opinion.
It would be in the fitness of things if Speaker’s decision is clubbed with the appeal and the apex court decides the two issues at the same time.
However, people will expect of the apex court to give a clear cut verdict when it completes hearing of the appeal or the challenging petition, as the controversy has basically emanated from the vague short and detailed orders passed by it.
There should not be any ambiguity in the judgment and the central point of disqualification and immunity should be addressed on merits.
Tags: Chaudhry Nisar Ali Khan, ECP, Election Commission of Pakistan, Opposition Leader, President Asif Ali Zardari, Prime Minister Syed Yousaf Raza Gilani, Speaker National Assembly Dr. Fehmida Mirza, Supreme CourtShort URL: https://www.newspakistan.pk/?p=23475
In Pakistani constitution also the elected parliament is supreme and its elected speaker is the final authority in this situation. The PCO judges did their best but the parliament gave its verdict. The PM now can only be removed by vote of no confidence.