PM contempt: Disqualification is speaker’s call, argues Mirza

There is no need to refer the matter to Election Commission of Pakistan, says Dr Fehmida Mirza.


Zeeshan Mujahid June 01, 2012
PM contempt: Disqualification is speaker’s call, argues Mirza

KARACHI:


In a reply filed to the court, National Assembly Speaker Dr Fehmida Mirza defended her decision to not disqualify the prime minister – arguing that it is “the Speaker who is to decide” on the matter.


Arguing that “there is no need to refer the matter to Election Commission of Pakistan within 30 days,” the speaker asked the Sindh High Court to dismiss a petition seeking a ruling against the decision to not disqualify the prime minister following his conviction in a contempt case by the Supreme Court.

In a two-page reply, submitted on her behalf by the National Assembly secretary, Mirza defended her decision to dismiss bids to disqualify Prime Minister Yousaf Raza Gilani – including a refusal to send a reference, filed by Advocate Moulvi Iqbal Haider, against the premier to the Chief Election Commissioner (CEC).

Mirza stated that the reference sent by Advocate Haider, who is also the petitioner in this case, was received and was duly considered but was rejected through her May 24 ruling.

She added that the petition has become infructuous.

“The petition had no legal wings to fly, became infructuous and should, hence, be dismissed,” the reply stated.

The speaker also admitted in her reply that both of the Supreme Court’s orders – April 26, 2012 (short order) and May 8, 2012 (detailed order) – were conveyed to her.

Mirza further stated in her reply that the speaker has always remained “alive to the responsibilities that have to be fulfilled under the Constitution.”

The bench, comprising Justice Faisal Arab and Justice Nadeem Akhtar, adjourned further proceedings till June 6, giving the petitioner time to file a rejoinder.

In his petition, Advocate Haider maintained that, following his conviction, Prime Minister Gilani has ceased to be a part of the National Assembly.

He added that the speaker does not have any role in deciding whether the premier is disqualified or not, and should forward the reference to the ECP.

The petitioner had prayed to the SHC to seek a reply from the convicted prime minister in this regard, and to direct the speaker to forward his reference against the premier to the CEC.


Published in The Express Tribune, June 1st, 2012.

COMMENTS (13)

Mirza | 12 years ago | Reply

The parliament is sovereign and supreme as it is the writer of the constitution and elected by “we the people”. Madam Speaker Dr. Mirza is not answerable to PCO SC judges who are unelected paid govt servants who are on extension and with political and religious agenda. The Speaker is elected by the elected parliament and should not answer to anybody except the people in the next elections. She should simply ignore these manufactured cases and conspiracies.

Xnain | 12 years ago | Reply

@Logic Europe: We are an interesting nation, a nation who morns on electricity, food, curruption. But at the same time wants to protect the sources of all these problem. We are gradually becoming a group intellectually defaulted hypocrites. When someone escpaes the law infront of our eyes, we morn the courts. But when court tries to implement whatever it can, we again morn the courts. The current government has failed to deliver even a single thing to us over the last 4 years or so. If this is what is democracy, then i would say that worse form of autocracy is better than so called democracy where everybody is free to lute the national wealth and claim immunity when it comes to accountibility. Its a shame really.

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