| Updated: April 25, 2024 |
Published: 2012-06-19 |
(eNews.pk) -
ISLAMABAD: The Supreme Court (SC) was disqualified Syed Yusuf Raza Gilani as Prime Minister of Pakistan in his short time ruling the Speaker on the case, Geo news reported.
"Yousuf Raza Gilani is disqualified from membership of the Parliament of 26 April, the date of his conviction. He also ceased to be prime minister of Pakistan," said Chief Justice Muhammad Iftikhar Chaudhry, the reading order.
"Election Commission issued notice of exclusion, and the President shall take the necessary measures to ensure the continuation of the democratic process," he added.
Court peak was caught in the same petition to challenge the speaker, Dr. Fehmida Mirza on the issue, send a link to the exclusion of the Prime Minister, the Election Commission of Pakistan (ECP).
The three-member bench top court, headed by Chief Justice Iftikhar Muhammad Chaudhry and comprising Justice Jawad S Khawaja and Justice Khilji Arif Hussain heard the same petition, filed PML-N, Tehreek-e-INSAFE and others against AT speaker's ruling excluding the Prime Minister.
During today's meeting, the Chief Justice noted that Prime Minister Gilani's conviction could be suspended if it were challenged. "Only the appellate court may review the judgment, no one can wipe the judicial decision."
The following order of SC:
Iftikhar Muhammad Chaudhry, CJ - reasons to be recorded later, the petitions are disposed of as named below.:
(1) The court in the exercise of powers under Article 184, paragraph 3) of the Constitution of Islamic Republic of Pakistan is responsible for ensuring the exercise of fundamental rights of citizens in all matters of public importance;
(2) A spokesman for the National Assembly under Article 63, paragraph 2) of the Constitution shall exercise the powers which are not included in the definition of internal control Majlis-Shoora, so this court in the exercise of judicial review is not precluded from investigating the order of 5.25 the 2012th Reference in this behalf may be cases in extractive industries of Pakistan (Pvt.) Ltd. v. Deputy, Provincial Assembly of Balochistan (PLD 2006 Quetta 36), Madad Ali v Province of Sindh (1996 SCMR 366), Shams-ud-Din v. Speaker , the Balochistan provincial assembly (1994 MLD 2500), Muhammad Naeem Akhtar v. Speaker, Sindh Province Assembly (1992 CLC 2043), Farzand Ali v Province of West Pakistan (PLD 1970 SC 98), Muhammad Anwar Durrani v Baluchistan province (PLD 1989 Quetta 25), Jagjit Singh v. State of Haryana (AIR 2007 SC 590) and Singh v. Rajendra Prasad Rana Swami Maurya (AIR 2007 SC 1305);
(3) The Bench of seven Hon'ble Judges Vide judgment dated 26.04.2012 followed by detailed reasons were issued May 8, 2012 found Syed Yousaf Raza Gillani convicted of contempt of court under Article 204, paragraph 2) of the Constitution Islamic Republic of Pakistan, 1973 in conjunction with § 3 of contempt of court, 2003, and sentenced him to imprisonment up to pass east of the court pursuant to § 5 of this order, and because no appeal was lodged against this judgment, conviction, reached finality. Syed Yousaf Raza Therefore, Gillani become disqualified from being a member of Majlis-e-Shoora (Parliament) within the meaning of Article 63, paragraph 1) point g) of the Constitution and the date and time of the judgment this Court on April 26, 2012 with all its consequences, that he also ceased to be Prime Minister of Pakistan with effect from that date and the prime minister's office is considered to be released accordingly;
(4) Election Commission of Pakistan must give notice of Syed Yousaf Raza exclusion Gillani being a member of Majlis-e-Shoora WEF April 26, 2012, and
(5) The President of Pakistan shall take the necessary measures, under the Constitution to ensure continuation of the democratic process through the parliamentary system of government in the country.
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