NA speaker rejects reference seeking disqualification of PM Nawaz

Ayaz Sadiq says, as speaker of Parliament, he is not bound to forward such a reference to ECP for a decision


Hasnaat Malik October 02, 2014

ISLAMABAD: Speaker National Assembly Ayaz Sadiq on Thursday rejected a reference seeking disqualification of Prime Minister Nawaz Sharif in view of Article 63 (2) of the constitution. 

Giving ruling over the reference filed by lawyer Muhammad Azhar Siddique and others, the speaker said he was not bound to forward the same to Election Commission of Pakistan (ECP) for a decision. Copy of the said ruling is available with The Express Tribune.

The speaker said that the National Assembly’s August 29 debate reveals that the allegations in the reference are factually incorrect.

“Reference being legally and factually baseless does not result in any disqualification under Article 63(2) of the constitution and therefore, I decline to refer it the ECP”, the speaker said in his ruling.

The ruling stated that Article 62 applies on a person to be elected or chosen as a member of Parliament prior to elections.

The speaker, while referring to Article 66 (1) of the constitution, said that any statement by a member of sitting Parliament member calls for an internal proceeding.

Sadiq also said that the same article provides complete protection to a member of Parliament from any proceeding for anything said by him at any forum.

Article 66(1) of the constitution says there shall be freedom of speech in Parliament and no member shall be be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament

“The qualifications for membership of Parliament as laid down in Article 62 of the constitution are qualifications of the nature. Therefore, no notice can be given or entertained by the Speaker with reference to Article 62 of the constitution as prayed, after the member has been elected by electorate,” the ruling stated.

Meanwhile, during the hearing of PM's disqualification case, the bench of the apex court, headed by Justice Jawwad S Khawaja  raised a question about the mechanism of invoking Article 62 and 63 in any matter.

The copy can be viewed below:











COMMENTS (14)

oBSERVER | 10 years ago | Reply

You see the problem is Ayaz Sadiq 'won' the elections from a most rigged constituency himself. That is why he was chosen Speaker other wise it would have been either Saad Rafiq or the other Khawaja.Both have same qualification.

Hatim | 10 years ago | Reply

This is a civilian dictatorship where the PM is not answerable to anybody.

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