ISLAMABAD: Pakistan Muslim League – Nawaz (PML-N) and Pakistan Tehreek-e-Insaf (PTI) have filed petitions in the Supreme Court against National Assembly Speaker Dr Fehmida Mirza’s ruling in Prime Minister Yousaf Raza Gilani’s contempt verdict, Express News reported on Monday.
PML-N’s petition was filed to the through MNA Khawaja Muhammad Asif. Asif has made Gilani and the Law ministry secretary respondents in the petition.
An earlier report in the The Express Tribune had revealed that the main points of the petition stated that the National Assembly Speaker’s ruling was tantamount to subverting the principles of democracy, equality, and the independence of the judiciary.
The petition questioned whether the speaker’s ruling under Article 63 (2) of the Constitution could defeat the judgment of a seven member bench of the SC which had attained finality and whether this ruling “can flagrantly disregard the rights of all citizens”.
It added that Dr Fehmida’s decision was a “complete violation of the Constitution” and demanded urgent redress under Article 184 (3). The petition further argued that the fundamental right to life, guaranteed by the Constitution, is defined not merely by a physical state but the right to a fulfilling life, including the right to live in a society where the decisions of the SC are enforced.
The PML-N petition, according to a handout issued by the party earlier, questioned whether the right of a fair trial also mandates a corresponding duty to abide by the verdict of a fair trial, which cannot be violated by the NA speaker.
It argued that the ruling cannot be protected under Article 69 of the Constitution “by any legal stretch of imagination”.
PTI filed the petition in the Supreme Court through senior lawyer of the court, Hamid Khan.
The petition seeks replies from four respondents: Dr Mirza, Gilani, federation of Pakistan and Election Commission of Pakistan.
The petition states:
Court may graciously be pleased to declare the decision of Speaker National Assembly as unconstitutional, void and in violation of fundamental rights of access to justice and independence of judiciary. It is further prayed that this honourable court may graciously be pleased to direct ECP to decide the question of disqualification of the Prime Minister, as having been deemed to be have been referred to it under Article 63 (2) and (3).
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