KARACHI: A division bench of the Sindh High Court comprising Acting Chief Justice Maqbool Baqar and Justice Aqeel Ahmed Abbasi on Thursday disposed of two petitions pertaining to convicted Prime Minister Syed Yousaf Raza Gilani and alleged illegal ruling by Speaker of National Assembly, Fehmida Mirza.
The petitions were filed by Moulvi Iqbal Haider who in his first petition questioned the continuation of Gilani as Prime Minister of the country after his conviction by a seven-member bench of the Supreme Court of Pakistan in a contempt of court case.
The bench disposing of the petition held that it cannot stop the Prime Minister from performing his duties as it would lead to a complete chaos. The matter is already before the Supreme Court and the petitioner may file the same before it if he chooses so, the bench said in its order disposing of the petition.
Through second petition, Iqbal Haider questioned a ruling by the Speaker of the National Assembly who rejected a reference sent by the petitioner to her to refer the same to Chief Election Commission who will in turn declare seat of Yousaf Raza Gilani vacant after his conviction by the apex court under relevant article of the Constitution.
The bench said that similar question of law is now pending before the apex court and the petitioner may join other petitioners before the apex court if he wishes so. The said petition was also disposed of by the bench.
Meanwhile, Dr Arif Alvi, Secretary General of Pakistan Tehrik-e-Insaaf, on Thursday filed a petition seeking a writ of quo warranto against Prime Minister Gilani.
The petitioner filing the petition through his counsel, Usman A Hadi, requests the court to inquire from the main respondent, Syed Yousaf Raza Gilani, that under what authority he is holding the post of prime minister after his conviction and sentence by the Supreme Court.
“He (Gilani) is not ‘an accused’ but a ‘convict’ and under Article 63 (g ) ( 3) cannot occupy the office of the Prime Minister,” the petitioner maintained.
“All his actions as chief executive and all decisions taken would be of no legal effect and not binding upon the subordinate officers,” it further said.
The petitioner prayed to the court to restrain Yousaf Raza Gilani from holding the office of Prime Minister.
The petition is likely to be heard on Friday.
Published in The Express Tribune, June 8th, 2012.
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