We condemn Pakistan army sponsored Judicial Coup in Pakistan, which is an indirect attack by Pakistan’s military estabilshment on nascent democracy in this country.
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 over the reference against Yousuf Raza Gilani. The bench declared that Yousuf Raza Gilani stood disqualified since April 26. The bench announced the move after convicting Gilani on April 26 of contempt for refusing to ask Switzerland to reopen a multi-million-dollar corruption investigation into President Asif Ali Zardari. “Yousuf Raza Gilani has become disqualified from being member of the parliament,” said Chief Justice Iftikhar Muhammad Chaudhry, reading the order. “The Election Commission is required to issue notification of disqualification… The president is required to take necessary steps under the constitution to ensure continuation of democratic process through parliamentary system of government in the country.”
The bench had been hearing a set of petitions filed by the Pakistan Muslim League-Nawaz (PML-N), the Pakistan Tehrik-i-Insaf (PTI) and others. The petitions by pro-Tailban right-wing parties are widely believed to have a nod of Pakistan’s military establishment.
Supreme Court of Pakistan today axed the will of 180 million Pakistanis, who elected Prime Minister for 5-years.
Supreme Court’s action reminds us of 4 Apri 19l79 when Pakistan’s first elected PM Zuflikar Ali Bhutto was hanged by SC at the behest of General Zia-ul-Haq.
Dear CJ Iftikhar Chaudhry: PM Yusuf Raza Gilani released you in his first order as Prime Minister, you dismissed his government. Thank you!
Pakistan Parliament to elect new leader of the house. No over reaction to well calculated aggression by ISI-backed judges.
Peoples government will not over-react to aggressive tactics by the ISI-sponsored Judiciary and Media. We will fight with patience.
Dear Supreme Court & Pakistan Army, you want to play 20/20, we are interested in test match. We won’t over react. From: Pakistani nation
Khaki masterminds of the Judicial Coup in #Pakistan want to instal their friend Sherry Rehman as PM in Islamabad. People of Pakistan will foil all attempts by the 3-J trio (Jenerals, and pro-army Judges & Journalists) to derail democracy in Pakistan. We will fight with patience, we will persevere. God willing.
Copy of the court order
IN THE SUPREME COURT OF PAKISTAN
Mr. Justice Iftikhar Muhammad Chaudhry, HCJ.
Mr. Justice Jawwad S. Khawaja
Mr. Justice Khilji Arif Hussain
Const. Petition No.40 of 2012 & CMA No.2494/12
Muhammad Azhar Siddique Vs. Federation of Pakistan etc.
Const. Petition No.41 of 2012 & CMA No.2495/12
Imran Khan Vs. Federation of Pakistan etc.
Const. Petition No.42 of 2012
Kh. Muhammad Asif Vs. Federation of Pakistan etc.
Const. Petition No.43 of 2012
Syed Zafar Ali Shah Vs. Federation of Pakistan etc.
Const. Petition No.44 of 2012
S. Mehmood Akhtar Naqvi Vs. Federation of Pakistan etc.
Const. Petition No.45 of 2012
Ch. Khalid Farooq, ASC Vs. Federation of Pakistan etc.
Const. Petition No.46 of 2012 & CMA 2496 OF 2012
Shahid Naseem Gondal, Adv. Vs. Federation of Pakistan etc.
Const. Petition No.47 of 2012
Ch. M. Asghar Saroha etc. Vs. Mohtarma Dr. Fehmida Mirza,
Speaker National Assembly etc.
CONST.PETIONS 40 OF 2012 ETC. 2
Const. Petition No.50 of 2012
Lahore High Court Bar Vs. Speaker National Assembly
Association, thru. Sh. Ahsan and others
ud-din, President of High Court
For the petitioners: Mr. A. K. Dogar, Sr. ASC
Mr. Azhar Siddique, ASC
Mr. Mehmood A. Sheikh, AOR
(in Const.P. No.40/2012)
Mr. Hamid Khan, Sr. ASC
Mr. M. Waqar Rana, ASC
S. Safdar Hussain, AOR
(in Const. P. No.41/12)
Kh. Muhammad Asif, MNA (In person)
(in Const. P. No. 42/12)
S. Zafar Ali Shah, Sr. ASC (in person)
(in Const. P. No.43/12)
S.Mehmood Akhtar Naqvi (in person)
(in Const. P. No.44/12)
Mr. Abdul Rehman Siddiqui, ASC
(in Const. P. 45/12)
Mr. A.K. Dogar, Sr. ASC
(in Const. P. 46/2012)
Khan Attaullah Tareen, ASC
Ch. M. Asghar Saroha, ASC
(in Const. P.47/12)
Mr. Taufiq Asif, ASC
(in Const. P. 50/2012)
On Court Notice: Mr. Irfan Qadir,
Attorney General for Pakistan
For Syed Yousaf Raza Gillani: Ch. Aitzaz Ahsan, Sr. ASC
For the Federation: Mr. Muhammad Munir Peracha, ASC
Mr. M.S. Khattak, AOR
For the Speaker, N.A: Mr. Muhammad Latif Qureshi,
Joint Secretary (L), N.Assembly
For the ECP: Mr. Muhammad Nawaz, Director (L)
CONST.PETIONS 40 OF 2012 ETC. 3
Date of hearing: 14,15,18 & 19 June, 2012
O R D E R
Iftikhar Muhammad Chaudhry, CJ.—
For reasons to be recorded later, the titled petitions are disposed of as under: –
(1) This Court in exercise of jurisdiction under Article 184(3) of the Constitution of Islamic Republic of Pakistan is
competent to ensure enforcement of the fundamental rights of the citizens in all matters of public importance;
(2) The Speaker of the National Assembly under Article 63(2) of the Constitution exercises powers, which are not
covered by the definition of internal proceedings of Majlise-Shoora, therefore, this Court, in exercise of power of
judicial review, is not debarred from inquiring into the order dated 25.05.2012. Reference in this behalf may be
made to the cases of Mining Industries of Pakistan (Pvt.) Ltd. v. Deputy Speaker, Balochistan Provincial Assembly
(PLD 2006 Quetta 36), Madad Ali v. Province of Sindh (1996 SCMR 366), Shams-ud-Din v. Speaker, Balochistan
Provincial Assembly (1994 MLD 2500), Muhammad Naeem Akhtar v. Speaker, Sindh Provincial Assembly (1992 CLC 2043), Farzand Ali v. Province of West Pakistan (PLD 1970 SC 98); Muhammad Anwar Durrani v. Province of Baluchistan (PLD 1989 Quetta 25); Jagjit Singh v. State of Haryana (AIR 2007 SC 590) and Rajendra Singh Rana v. Swami Prasad Maurya (AIR 2007 SC 1305);
(3) As a Bench of 7 Hon’ble Judges vide judgment dated 26.04.2012 followed by the detailed reasons released on
08.05.2012 has found Syed Yousaf Raza Gillani guilty of contempt of Court under Article 204(2) of the Constitution
of the Islamic Republic of Pakistan, 1973 read with section 3 of the Contempt of Court Ordinance, 2003 and sentenced
him to undergo imprisonment till rising of the Court under section 5 of the said Ordinance, and since no appeal was
filed against this judgment, the conviction has attained CONST.PETIONS 40 OF 2012 ETC. 4 finality. Therefore, Syed Yousaf Raza Gillani has become disqualified from being a Member of the Majlis-e-Shoora (Parliament) in terms of Article 63(1)(g) of the Constitution on and from the date and time of pronouncement of the judgment of this Court dated 26.04.2012 with all consequences, i.e. he has also ceased to be the Prime Minister of Pakistan with effect from the said date and the office of the Prime Minister shall be deemed to be vacant accordingly;
(4) The Election Commission of Pakistan is required to issue notification of disqualification of Syed Yousaf Raza Gillani from being a member of the Majlis-e-Shoora w.e.f. 26.4.2012; and
(5) The President of Pakistan is required to take necessary steps under the Constitution to ensure continuation of the democratic process through parliamentary system of government in the country.
2. We place on record our thanks and appreciation to learned counsel appearing for the parties for providing valuable assistance in deciding these petitions.
Islamabad, 19th June, 2012
ANNOUNCED IN OPEN COURT
APPROVED FOR REPORTING
PDF of supreme court short order dismissing the prime minister available here: http://bit.ly/MaejsT
Video report: Benazir Bhutto’s press conference against Punjabi-centric Supreme Court of Pakistan
Video report: Iftikhar Chaudhry taking oath under PCO – 30 June 2005