NA Speaker ruling: Aitzaz says SC should refer this matter
June 18, 2012
A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Khilji Arif Hussain is hearing the case.
Barrister Aitzaz Ahsan, counsel for PM Gilani, concluded his arguments today. He contended that the matter be referred back to the NA Speaker or sent to the Election Commission because the court can not declare a member of assembly disqualified.
He challenged the hearing of case by the SC, arguing that neither provincial government became the party in it nor anyone's fundamental right was affected. 'The court can not go beyond its jurisdiction, the petitioners should have approached the high court first.'
On this, the CJ remarked that how a verdict of seven-member SC bench could be taken up by the high court? 'The petitioners have argued that the person in question (the prime minister) is not only an MNA but a representative of 180 million people.'
He also asked Aitzaz Ahsan to quote a similar example.
Meanwhile, Attorney General Irfan Qadir interrupted the proceedings and said if the seven-member bench rules against the wishes of the people, it is also unconstitutional. The bench stopped the AG on that point and instructed to speak on his turn.
Aitzaz, while continuing his arguments referred to a case of former dictator Musharaf's election in uniform. The CJ asked him why he is quoting this example, while being a flag bearer of democracy and constitution. This is a case about which no one wants to talk, the CJ added.
The counsel also admitted that the conviction judgement attained finality and it was not challenged because the PM was not disqualified.
Chief Justice Iftikhar said that the Speaker is a respectable person, she is the custodian of the House but some of her actions are different than Parliament's functions. There are many cases that allow review of Speaker's ruling, he added.
Aitzaz noted that the oath of the Chief Election Commissioner (CEC) does not include the condition that he would defend and protect the Constitution.
He was not convicted of defaming or ridiculing the judiciary so no question of disqualification arises, Aitzaz said.
Munir Paracha, the counsel for the Federation, also pointed out that the petitions are not maintainable. 'Under 18th Amendment the Parliament has increased the powers of the Speaker. Under Article 63, the disqualification of a member is linked to the charge of defaming and ridiculing the judiciary.'
The prime minister was charged for not following the court’s orders, Paracha added.
