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
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.
CHIEF JUSTICE
JUDGE
JUDGE
Islamabad, 19
th June, 2012
ANNOUNCED IN OPEN COURT
CHIEF JUSTICE
APPROVED FOR REPORTINGhttp://www.supremecourt.gov.pk/web/user_files/File/Const.P.40of2012-ShortOrder[19.06.2012].pdf
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