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The Supreme Court on Wednesday, issued notices to Prime Minister Yousaf Raza Gilani, Speaker National Assembly Dr Fehmida Mirza and the Election Commission of Pakistan for June 14 in identical petitions against the Speaker's ruling in the PM contempt case.
Leader of opposition in National assembly Chaudhry Nisar Ali Khan, Attorney General for Pakistan, including federation of Pakistan, were also issued notices to ensure their presence in the court. The court was hearing identical petitions filed by Pakistan Muslim League-Nawaz (PML-N), Pakistan Tehreek-e-Insaf (PTI) and others, challenging NA Speaker's ruling and demanding prime minister's disqualification following his conviction.
When Chief Justice Iftikhar Muhammad Chaudhary inquired whether the premier had filed any review petition, deputy registrar judicial told the court they had not received any written application from prime minister. Justice Chaudhry remarked: "The punishment does not mean giving somebody a death sentence...punishment till rising of the court is also a punishment." The prime minister, Justice Chaudhry added, has accepted his punishment, in which he had been found guilty in contempt of court.
Without mentioning the name of the prime minister, Hamid Khan, the counsel for PTI, said that some people thought that it was the portfolio that mattered and they had nothing to with court decisions whether those were against them or not. He pleaded the court that both Gilani and Fehmida had been found guilty of court contempt, so a legal action should be initiated against them.
A K Dogar, one of the petitioners, said that the ruling of NA Speaker against a seven-member SC bench decision was tantamount to stopping its implementation. He pleaded the court to declare the Speaker's ruling as null and void. Senator Zafar Ali Shah of PML-N said the prime minister's disqualification issue had now become a dispute between federation and government of Punjab as chief minister Shahbaz Sharif had categorically made it clear that Gilani was no more a de jure prime minister.
The Speaker had decided not to send an anti-Gilani reference to ECP, saying there was no question of his disqualification as a member of National Assembly after conviction in a contempt case. In a five-page ruling, the NA Speaker had observed 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 Yousuf Raza Gilani from being a member arises under clause (2) of Article 63 of the Constitution. The hearing of the case was adjourned to June 14.

Copyright Business Recorder, 2012

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