SC dismisses former PM Gillani's review petition against conviction in NRO

Petition dismissed due to non-prosecution

Hasnaat Mailk March 13, 2018
Former PM Yousuf Raza Gillani. PHOTO: REUTERS

ISLAMABAD: The Supreme Court dismissed on Tuesday review petition filed by former prime minister Yousuf Raza Gillani against his 2012 conviction in the National Reconciliation Ordinance (NRO) case.

A three-judge bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar resumed hearing of the petition against the speaker of National Assembly order disqualifying him from holding a seat in parliament for committing contempt of the court.

Observing that the petition was 186 days’ time-bard and the absence of Gillani during court proceedings, the bench dismissed it due to non-prosecution.

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In February 2013, Gillani had filed the plea 223 days after the decision. It is pertinent to note that a review petition against a judgment has to be submitted within 30 days.

The 2012 SC ruling stated that the apex court exercised jurisdiction under Article 184(3) of the Constitution of Islamic Republic of Pakistan to ensure enforcement of the fundamental rights of the citizens in all matters of public importance.

"As a Bench of 7 Hon’ble Judges vide judgment dated 26.04.2012 followed by the detailed reasons released on 08.05.2012 has found Syed Yousaf Raza Gillani guilty of contempt of Court under Article 204(2) of the Constitution of the Islamic Republic of Pakistan, 1973 read with section 3 of the Contempt of Court Ordinance, 2003 and sentenced him to undergo imprisonment till rising of the Court under section 5 of the said Ordinance, and since no appeal was filed against this judgment, the conviction has attained finality," reads the order.

"Therefore, Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament) in terms of Article 63(1)(g) of the Constitution on and from the date and time of pronouncement of the judgment of this Court dated 26.04.2012 with all consequences, i.e. he has also ceased to be the Prime Minister of Pakistan with effect from the said date and the office of the Prime Minister shall be deemed to be vacant accordingly."


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