Pakistan top court ousts PM Gilani

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Yousaf Raza Gilani

A seven-judge Pakistan Supreme Court bench on Tuesday disqualified Prime Minister Yousuf Raza Gilani as the chief executive of the country, citing his conviction in a contempt of court case.

Reading out the short verdict after hearing numerous identical petitions filed against National Assembly Speaker Fehmida Mirza’s decision not to disqualify Mr Gilani over his conviction for contempt of court, Chief Justice of Pakistan Iftikhar Mohammed Chaudhry directed the Election Commission of Pakistan (ECP) to issue a notification as Prime Minister Gilani stood ineligible to be a member of the National Assembly since April 26 this year.
The court directed President Asif Ali Zardari, who cancelled his Russia visit, to appoint a new Leader of the House as Mr Gilani has been disqualified even as a member of the National Assembly as a result of his conviction last month. “The arrangements for the election of a new Prime Minister should be made forthwith,” said the short order.
The ruling Pakistan People’s Party has accepted the verdict and the PPP Parliamentary Party is expected to meet on Wednesday to decide on his replacement. Federal ministers Makhdoom Shahabuddin, Chaudhry Ahmed Mukhtar and Khursheed Shah are seen as contenders.
The ECP issued a formal notice soon after the order: “... On and from the date and time of pronouncement of the judgment of the Supreme Court dated 26.04.2012, the Election Commission of Pakistan hereby issues notification of disqualification of Syed Yousuf Raza Gilani as member of the National Assembly.”
CJP Iftikhar Mohammed Chaudhry said, “The Speaker of the National Assembly, under Article 63(2) of the Constitution, exercises powers which are not covered by the definition of internal proceedings of Majlis-e-Shoora (Parliament). Therefore, this court, in exercise of power of judicial review, is not debarred from inquiring into the order dated 25.05.2012.” He said no authority but an appellate court could stay the implementation of the rulings.
“Where will the independence of judiciary go if the executive examines the ruling of a seven-judge bench,” Chief Justice Chaudhry asked.