PM’s disqualification: Chief justice asked to form larger bench

Advocate argued that not only did the prime minister stand disqualified, but his entire cabinet too.

LAHORE:

Justice Umar Ata Bandial of the Lahore High Court on Thursday asked Chief Justice Sheikh Azmat Saeed to form a larger bench to hear three petitions asking the court to stop Yousuf Raza Gilani from holding the prime minister’s office and from preparing the federal budget.

At the onset of proceedings, Advocate AK Dogar argued that when he was convicted of contempt of court, not only did the prime minister stand disqualified, but his entire cabinet too.

Justice Bandial observed that the prime minister still had the right to appeal against the conviction.

He referred the case to the chief justice to form a larger bench to decide the constitutional and legal issues involved in the three petitions.

Advocates Rana Ilmuddin Ghazi and Shahid Naseem Gondal had filed the petitions.

They argued that GIlani ceased to be the prime minister of Pakistan the moment he was pronounced guilty of contempt of court and punished under Article 204(2) of the Constitution.

They said that Gilani should be required to show, under Article 199(1)(b) of the Constitution, what authority of law he claimed to hold the office of prime minister.

Published in The Express Tribune, May 18^th, 2012.