Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Khilji Arif Hussain, Jawwad S. Khawaja, Iftikhar Muhammad Chaudhry Title:Muhammad Azhar Siddique Imran Khan Kh. Muhammad Asif Syed Zafar Ali

Shah S. Mehmood Akhtar Naqvi Ch. Khalid Farooq, ASC Shahid Naseem Gondal, Advocate Ch. M. Asghar Saroha Lahore High Court Bar Association Through Sh. Ahsan-Ud-Din, President Of High Cou vs Federation Of Pakistan Etc. Federation Of Pakistan Etc. Federation Of Pakistan Etc. Federation Of Pakistan Etc. Federation Of Pakistan Etc. Federation Of Pakistan Etc. Federation Of Pakistan Etc. Mohtarma Dr. Fehmida Mirza, Speaker National Assembly Etc. Case No.:Constitution Petition Nos. 40 of 2012 and CMA No. 2494 of 2012 Constitution Petition No. 41 of 2012 and CMA No. 2495 of 2012 Constitution Petition No. 42 of 2012 Constitution Petition No. 43 of 2012 Constitution Petition No. 44 of 2012 Constitution Petition No. 45 of 2012 Constitution Petition No. 46 of 2012 and CMA 2496 of 2012 Constitution Petition No. 47 of 2012 Constitution Petition No. 50 of 2012 Constitution Petition Nos. 40 of 2012 and CMA No. 2494 of 20l2, No. 41 of 201 Date of Judgment:2012-06-19 Reported As:PL D 2012 Supreme Court 660, PLJ 2012 SC 773, 2012 PSC (Crl.) 590, K.L.R. 2012 Supreme Court 352 Result: Order accordingly Judgment ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-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 Majlis-e-Shoora, therefore, this

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Court, in exercise of power of judicial review, is not debarred from inquiring into the order dated 25.5.2012. 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 26.4.2012 followed by the detailed reasons released on 8.5.2012 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 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 26.4.2012 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.

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