PM disqualification: Lawyer moves PHC against speaker’s ruling
PESHAWAR, May 28: A lawyer on Monday moved the Peshawar High Court challenging the National Assembly speaker’s ruling that the prime minister can’t be disqualified after his conviction by the Supreme Court for contempt.
Advocate Abdus Samad Marwat, regional head of Human Rights Commission South Asia, filed the petition, seeking interim relief from the court by saying that the May 24 ruling of the speaker may be suspended until the final decision on the case.
Respondents in the petition are the federation of Pakistan through secretary law and justice; the Election Commission; the speaker of the National Assembly through the registrar of the assembly, and Prime Minister Yousaf Raza Gilani through his principal secretary.
The petitioner raised several questions like whether the ruling of the speaker was in accordance with the Constitution governing the subject and whether it was not in conflict with the substantive articles and preamble of the Constitution of Pakistan, and whether the speaker in light of Article 63 (2) of the Constitution was authorised to declare a parliamentarian not disqualified who had already been convicted, sentenced and undergone the punishment through the Supreme Court orders.
He also asked if it was not necessary and appropriate for the speaker under the Constitution to refer the matter of disqualification of the prime minister to the Election Commission.
The petitioner said the National Assembly speaker had to proceed into the matter in the light of the judgment of the Supreme Court under Article 63 (2) of the Constitution and had to refer the question regarding disqualification of the prime minister to the Election Commission within 30 days.