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's petition
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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thanks
its a good pass time.
@Shah: for your kind information ch nisar was the first one who said we will fila a petition against the speaker...please confirm your understanding first. imran khan is fake which you will get to know after some sometime
@Lattha
Very well said but my dear that is not his real name. Actually its "Malik" Allah Daad, if you know what I mean.
@Ch Allah Daad: So the end is near, because noora league has been trying to play on the wicket of PTI after 30th Tsunami in many ways. The most prominent way is that of sudden opening of Facebook accounts by Top PMLn leaders after the 30th October and everyone is aware of the thrashing they are facing from the hands of PTI. Contact Fawad Khalid of PMLn to know more about it.. :D
@Ch Allah Daad: Hahaha your a real tout of PML-N.
@elcay: The PM never advocated the case of non citizens of Pakistan as you posted. The PM said that born Pakistanis who have acquired additional citizenship should not lose their rights as Pakistanis. Of course anyone who renounced their Pakistani citizenship should not have any rights. I know some Pakistanis renounced their Pakistani citizenship and obtained renunciation certificate to obtain the Indian visa. India has made renunciation certificate as visa requirement for a born Pakistani to use his/her foreign passport. Absent this certification they have to apply as Pakistani citizens on Pakistani passports. The people who have to go to India are surrendering their citizenship not for the US but for Indian visa. Those people cannot have a right to vote after they renounce their citizenship. Regards, Mirza
It would be end of PML(N), if it started copying PTI. Copying PTI means, no seat in Parliament, Boycotting elections, Punishing people in hot summer weather, staying away from polling booths and playing political games on internet only..
Toady a petition is filed against Speakers ruling on the plea of violation of fundamental rights. I donot know which fundamental right of Hamid Khan or Khawaja Asif is infringed. None. Prima facie this petition is not maintainable in Supreme court on point of jurisdiction. Better the supreme court stay away from further controversy and let the petition be heard in High court ( already admitted by Sindh High court) which is the right forum for Jurisdiction. Basically it is not an issue of fundamental rights but we witnessed that in Memo case the supreme court entertained the petition of Nawaz Sharif on the plea, that the existence of memo endangered the life of Mr Sharif and others, declaring it an issue of fundamental rights and admitted it some how. Since than we have not seen any threat to Mr, Sharif,s life. If this is the yard stick then the Pakistani Supreme court can make a man in to women like British parliament. If Supreme court stretch to bring this petition under the umbrella of fundamental rights, then big question of Art 10 A granting specific fundamental right having due process of law already denied to Gillani will also be raised again and Art 69 the power of speaker to pass any order deemed fit will also be agitated. Better the Apex court direct the petitioners to go to High court to avoid complete chaos. The petition is highly political in nature praying supreme court to stop PM from functioning, although the petitioners know, any punishment less than two years do not debar PM to function.
When will PMLl(n) stop copying PTI. Loosers.
The nexus between the establishment, the judiciary and the Pakistan memo league is sickening. It just amuses their hardcore constituents, who are always willing to welcome a dictator. Their new found love of "democracy" is just a hogwash.
SC should throw away PTI's petition and accept only PML(N)'s, because PML(N) is the second largest party in parliament, played part in PM and Speaker's election. As an outsider and with no representation in Parliament, PTI has nothing to do with Speaker, Parliament and Prime Minister's position. PTI is behaving like an agent who is found outside courts working on behalf of parties, lawyers and courts but does not care who wins the case.
If the Supreme Court decides to nullify the Speaker's decision and refer the PM's disqualification matter to the Election Commission, it will further expose judges' political agenda. One the one hand PPP will gain politically out of it being victimized by a partisan judiciary. On the other hand the SC cares least being labelled politicized and partisan as long as their position is being strengthened in their own constituency. Both the SC and the PPP have different constituencies and both are gaining in their respective constituencies in this conflict.
So, now it is more than clear that bouth PMLN and PTI believe in Establishment's institution than Parliament..
@Beatle ..Dot on "And as expected, SC will put everything aside and start hearing immediately on day-to-day basis. Mehran Bank case kept on hold for 16 years will be further postponed with various shallow excuses."
PML-N, Please stop copying PTI............PML is just loooser and nothing....
Get a grip PML-N stop copying PTI like a cry baby we are getting sick of it.
I swear it was PTI Imran Khans idea to file a petition against the speaker. GET A GRIP PML-N stop copying PTI for the sake of your own self respect.
And as expected, SC will put everything aside and start hearing immediately on day-to-day basis. Mehran Bank case kept on hold for 16 years will be further postponed with various shallow excuses.
lol copying PTI again
Report just in that PTI has also filed its petition. can ET please confirm.
Time for the constitution to asset itself and correct the abuse of her position by the Speaker. In Pakistan, the constitution is supreme and not the parliament thats just a creature of the constitution as are the courts and the constitution sets the powers of each creature and the power to provide the meaning of the constitution and the laws is the sole preserve of the Supreme Court. This is or any parliament can't write the constitution anew for this or any parliament are not "constituent assemblies".