President Asif Ali Zardari on Sunday averted a possible crisis and issued an ordinance, giving constitutional protection to all decisions taken by former prime minister Yousuf Raza Gilani during the period between April 26 and June 19.
A notification issued by the ministry for law and justice said that the ordinance provided protection to all decisions made by Gilani between April 26 and June 19. The ordinance also covers all domestic and foreign agreements signed by Gilani and advice given by him to the President during this period.
Gilani was convicted of contempt of court on April 25 but continued to hang on to his post for two months after National Assembly Speaker Fehmida Mirza had gave a ruling in his favour. But on June 19, the country's apex court quashed the Speaker's decision and sent Gilani packing.
The cabinet, too, was effectively dissolved by the ruling.
According to the ordinance, the decisions made by Gilani cannot be challenged in any court or forum, including the Supreme Court. The notification said that the President had issued an ordinance because both houses of parliament were not in session.
APP adds: Following is the text of the ordinance issued by President:
"Ordinance No VI of 2012
An Ordinance to validate acts, orders and other instruments etc, done, made and issued from 26-04-2012 to 19-06-2012 (both days inclusive)
Whereas as a consequence of the Short Order of the Supreme Court of Pakistan dated 19th June, 2012 passed in Constitution Petitions No 40 etc of 2012 and disqualification Notification as Member of the National Assembly issued by the Election Commission of Pakistan on 19th June, 2012, Syed Yousuf Raza Gilani ceased to be the Member as well as Prime Minister of Pakistan with effect from 26-04-2012.
And Whereas, it is expedient to validate acts, orders and instruments etc, done, made and issued by the Prime Minister from 26-04-2012 to 19-06-2012 (both days inclusive).
And Whereas the Senate and the National Assembly are not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action;
Now, Therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following ordinance:
1. Short title, extent and commencement: This Ordinance may be called the Validation Ordinance, 2012.
(2) It extends to the whole of Pakistan.
2. Validation of acts, etc: Notwithstanding anything contained in any law for the time being in force or any Order or Judgement of any court including any Order of Judgment of the Supreme Court, anything done, functions including parliamentary functions performed, actions taken, orders passed, directions issued, instruments made, MoUs executed, national and international commitments made, process of communication issued, advice given to the President in any matter, including in respect of Acts and Ordinances, SROs and other legal instruments issued, powers confirmed, assumed or exercised, or appointments made, by Syed Yousuf Raza Gilani, Prime Minister of Pakistan from 26-04-2012 to 19-06-2012 (both days inclusive), shall be deemed to have been validly done, performed, taken, passed issued, made, given, confirmed, assumed, executed, exercised and provisions of this Ordinance shall have, and shall be deemed to always to have had, effect accordingly.
(2) No suit, prosecution or legal proceedings, including writ petition, shall lie in any court or forum including the Supreme Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done or advice given whether in the exercise or purported exercise of the powers or functions referred to in sub-section (1) or in execution of or in compliance with orders made or functions performed or actions taken in exercise or purported exercise of such powers.