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Afzal Khan / 19 June 2012 ISLAMABAD - The Supreme Court of Pakistan on Tuesday declared that Prime Minister Yousuf Raza Gilani stood disqualified since April 26 and was no longer premier since that date. It asked President Asif Ali Zardari to take steps for continuity of the democratic process, an apparent reference to election of a new prime minister. The president has to convene a session of the National Assembly to elect a new leader of the house. Hours after the apex court’s decision, the Election Commission issued a notification disqualifying Gilani as a member of the National Assembly effective April 26 when he was convicted by the Supreme Court on the charges of contempt of court. The disqualification also removes him as prime minister and declares his Multan seat vacant. Zardari presided over a top-level emergency meeting at the Presidency which was attended among others by Gilani, Pakistan People’s Party (PPP) chairman Bilawal Bhutto Zardari, senior ministers, party leaders and legal aides. Zardari also cancelled a visit to Russia in a bid to contain the crisis. The PPP central executive committee authorised Zardari to take a final decision on the court order. He met coalition partners late on Tuesday night to evolve a consensus. Senior PPP members appealed for calm as isolated protests were held around the country, in a sign that the party was perhaps most likely to decide on electing an new prime minister. “Though we have reservations about this judgment, we will take advice from the allied parties and legal experts and will then chalk out a strategy for the future,” Information Minister Qamar Zaman Kaira told reporters. “The central executive committee has advised all party workers to remain calm and show patience and not to protest against the verdict,” he added. Asked whether the PPP was considering a presidential pardon for Gilani, the information minister said “no such suggestion is under consideration”. Minister for Water and Power Ahmed Mukhtar emerged as a front runner to succeed Gilani in case the prime minister resigns and a new cabinet is formed. Talking to reporters here, Ahmed said he has also been hearing reports to that effect. “I’m not sure about the party’s decision but if the party considers me for the position of prime minister, I would duly serve the country,” he said. A three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain heard a set of constitutional petitions challenging National Assembly Speaker Fehmida Mirza’s ruling rejecting the reference against Prime Minister Gilani. The bench had been hearing a set of petitions filed by Pakistan Muslim League-Nawaz (PML-N), the Pakistan Tehrik-i-Insaf (PTI), lawyer Azhar Chaudhry and others challenging the speaker’s ruling of May 24 over the qualification issue. Gilani was convicted and sentenced till rising of the court by a seven-judge bench of the Supreme Court on April 26 for defying court orders to reopen money-laundering case against President Zardari in Switzerland. Gilani has maintained that the president enjoys immunity from prosecution at home and abroad during his tenure in office. Gilani did not appeal against the court’s judgment while insisting that the speaker’s ruling is final and cannot be contested. During Tuesday’s hearing, Attorney-General Irfan Qadir presented in court the National Assembly’s resolution endorsing the speaker’s ruling. He maintained that no other forum can disqualify the prime minister. “We respect the courts. However, state institutions should try to avoid clash among themselves,” the attorney-general said. He said that if the court issued an order against the speaker’s ruling, the parliament would declare it invalid. The chief justice remarked that the judiciary respected parliament and that there was no clash between the state’s institutions. The attorney-general said the prime minister is not answerable to the courts over the dispensation of his professional duties and cannot be disqualified by any court. He said the Supreme Court bench had violated law and constitution by summoning the prime minister and convicting him on contempt. He said no contempt of court law exists at present. |
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