gilani-afp_670
Former Prime Minister Yousuf Raza Gilani. — Photo by AFP

MULTAN: Former Prime Minister Yousuf Raza Gilani has said that the judiciary should send the executive order about judges’ reinstatement to parliament for endorsement.

Addressing a press conference here on Wednesday, Mr Gilani said he had reinstated the sacked judges through an executive order and like the National Reconciliation Ordinance this also should be sent to parliament for endorsement.

He said the judiciary had been restored through an executive order which needed parliament’s endorsement. “The courts start interpreting all the issues except those which do not suit it and send them to parliament,” he said.

He said the opposition which was demanding registration of a case under Article 6 of the Constitution (against former President Pervez Musharraf) should also come forward with a demand for action under the same article against the judges who had taken oath under the Provisional Constitution Order.

The judges who took oath under the PCO should be penalised, he said.

Defending his executive order, the former prime minister said he had restored the judiciary to fulfil a promise made by the late Benazir Bhutto.

Mr Gilani said that because of the experience he had gained by appearing before the Supreme Court he would suggest to Prime Minister Raja Pervez Ashraf not to appear before the court.

“I appeared before the court to give respect to the judiciary despite the fact the prime minister enjoys immunity under Article 148 for the normal discharge of his duty. After what the judiciary did to me, I will suggest to the prime minister not to appear before the court in the contempt case,” he said.

He said he had been removed from the post of prime minister illegally and unconstitutionally and it was a humiliation of the mandate of 180 million people of the country. He said that if the judges had to decide the fate of a prime minister then elections would be a mere spectacle.

There is no need for elections because there is no respect for people’s mandate.

He said the government of PML-N chief Nawaz Sharif having a two-thirds majority had been sacked unconstitutionally but the judiciary not only gave legal cover to this act of former president Pervez Musharraf but also allowed him to amend the Constitution as he desired.

“A third force (judiciary) has started removing elected governments and we do not accept unconstitutional directives of the judiciary because any adventure by the judiciary will be a threat to the country’s stability that is already facing multiple internal and external challenges,” he warned.

The former prime minister said his disqualification was an unconstitutional act of the judiciary which had caused a constitutional crisis.

“The supremacy of the institution (parliament) that has given powers to other institutions cannot be challenged.”

He said the judges had realised they had given a wrong decision and revisiting his case was the only option to undo this mistake.

He said the country was facing economic challenges and an energy crisis, but with their decisions the courts were forcing investors to leave the country.

He accused the courts of giving decisions on the PPP-specific cases, while verdicts in cases involving other parties were not being announced.

“Why the courts are not deciding the Asghar Khan and Mehran Bank cases,” he asked.

He said Mr Sharif had been allowed to go to Jeddah while he was in Attock jail. Was that not an NRO and why the courts are adopting double standards?

Mr Gilani said the country was facing problems because of the ‘doctrine of necessity’ adopted by the judiciary.

He said the government and opposition had passed the 20th Amendment under which a caretaker prime minister should be selected with mutual consultation, therefore, a statement by Leader of Opposition in National Assembly Chaudhry Nisar that the Election Commission should nominate the caretaker premier was surprising.

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Comments (4)

Latif
August 16, 2012 10:26 am
Mr. Gilani is apparently angry, misses his office, and does not realize what he is suggesting. He should leave the interpretation of the constitution to the judges and be thankful that there are some Pakistanis who want to protect the interests of the poor masses and the country. By advising the new PM not to appear before the court Mr. Gilani will be forcing the judges to ask other organs of the state to help them in their effort to bring the stolen wealth of the country back.
Latif
August 16, 2012 11:01 am
Mr. Gilani is apparently angry, misses his office and does not realize what he is suggesting. It is for the courts to determine if a law passed by the parliament was in accordance with the constitution and it is for parliament to make laws. The courts have not asked to parliament not to make laws then why is Mr. Gilani expecting the SC judges not to do their job. Mr. Gilani does not realize that by advising the new PM not to appear he is enticing him to break law. This should be crime by itself.The Judges in their official capacity have other options available to them to bring anyone to court. Hopeful he and the others will not want that to happen.
Junaid
August 16, 2012 1:43 pm
The Parliament is supreme where there is no written constitution like the UK. Under a political system such as ours the Constitution is supreme with all pillars with equal powers in order to keep check and balance so that no one institution can dictate. But most of our uneducated ministers (do forgive my bluntness) do not know the essence of Democracy, all they know is winning an election by hook or crook is democracy. When in fact elections are just one facet of democracy.
Junaid
August 16, 2012 1:42 pm
The Parliament is supreme where there is no written constitution like the UK. Under a political system such as ours the Constitution is supreme with all pillars with equal powers in order to keep check and balance so that no one institution can dictate. But most of our uneducated ministers (do forgive my bluntness) do not know the essence of Democracy, all they know is winning an election by hook or crook is democracy. When in fact elections are just one facet of democracy. The Judiciary was not restored because of BB's wishes it was because the wish of the masses and the military or else the PPP government would have fell.
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