No question of PM Gilani’s disqualification, decides NA speaker

Published
0

https://i.dawn.com/2012/05/fehmida_mirza670.jpg
NA Speaker Dr Fehmida Mirza.—File Photo

KARACHI: National Assembly Speaker Dr Fehmida Mirza has decided against forwarding a disqualification reference against Prime Minister Syed Yousuf Gilani to the Election Commission of Pakistan after his conviction by the Supreme Court in the contempt of court case.

In a five page ruling released on Thursday, the NA speaker said that no question of PM Gilani’s disqualification arises according to Article 63 of the Constitution and in light of the apex court’s verdict.

She further said in her ruling that there is no need to forward the disqualification reference against PM Gilani to the ECP as the SC had not raised the issue of his disqualification in the verdict.

Moreover, she argued in her ruling that "no specific charge" has been framed against the prime minister regarding "the propagation of any opinion or acting in any manner against the independence of the judiciary or defaming or ridiculing the judiciary" in the apex court's verdict.

PM Gilani was convicted for contempt of court on April 26 for not writing a letter to the Swiss authorities for reopening money laundering cases against President Asif Ali Zardari.  According to Article 63(2) of the Constitution, the speaker has to decide on the prime minister’s disqualification as a member of parliament.

The article reads: “If any question arises whether a member of Majlis-e-Shoora (parliament) has become disqualified from being a member, the speaker or, as the case may be, the chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission within 30 days and should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.”

Dr Mirza, while referring to an earlier case, said in her ruling that the speaker "is not supposed to act merely as post office."

The speaker is not bound to forward the disqualification reference to the election commission, but has to "apply his mind judiciously" before he/she decides "whether any question in the nature of disqualification has arisen," she argued in the 11-point ruling.

She also expressed "serious concerns" over a letter sent by the SC's Assistant Registrar Iqbal Naseem addressed directly to the speaker and and the Chief Election Commissioner asking them for "further necessary action".

"The speaker holds a constitutional position ... and demands the highest respect from other organs of the State.." she complained, further adding that: "the contents of the letter are in bad taste and also against the parliamentary norms and traditions."

Furthermore, Dr Mirza also rejected a petition filed by Advocate Moulvi Iqbal Haider for Gilani's disqualification, terming it "without any merit" and "not maintainable."

To read a copy of the NA Speaker's complete ruling, click here.

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...