Presidential ordinance challenged in Supreme Court

The ordinance, issued by President Asif Ali Zardari to give constitutional cover to all actions taken by former prime minister, Syed Yousaf Raza Gilani, has been challenged in the Supreme Court.

It was apparently an unchallengeable presidential ordinance that provided blanket indemnity to all actions of Gilani from his conviction to disqualification, from April 26 to June 19.

Two applicants namely Saeed and Shahid, who filed petition in the apex court, challenged the ordinance, arguing that the president could not grant indemnity until the apex court decides the case.

They further said, “The Supreme Court had not yet given consequences of Gilani’s post-disqualification actions, therefore President Asif Ali Zardari had granted unconstitutional indemnity to the former prime minister Syed Yousaf Raza Gilani”.

Moreover, the plaintiffs said the presidential ordinance undermines the parliament’s legislative authority and judiciary’s constitutional spheres.

Earlier on Sunday, the president issued an unchallengeable ordinance to give protection to all legislative and administrative steps taken by Gilani during the period of 55 days.

Gilani was dismissed by the apex court after convicted in the contempt case for defying its ruling to write to Swiss authorities to reopen cases against President Asif Ali Zardari.

According to the two-page ordinance, the president was intended to make lawful all decisions, appointments and international commitments made by Gilani since the day he was convinced by the court.

The ordinance asserted that it could not be challenged legally anywhere, including through a petition in the Supreme Court.

It reads, “Any actions taken, orders passed, directions issued, advice given to president or appointments made by Yousaf Raza Gilani, shall be deemed to have been validly done. The provisions of the ordinance shall have, and shall be deemed to always have had, effect accordingly”.

It also made it clear that no suit, trial or any other legal proceedings including a petition shall lie in any court or forum including the Supreme Court against any order made or functions performed by the former chief executive of the country.

Short URL: https://www.newspakistan.pk/?p=27118

Posted by Faisal Farooq on Jun 26 2012. Filed under 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.