SC Decision full Text of short order

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.

CHIEF JUSTICE

JUDGE

JUDGE

Islamabad, 19th June, 2012

ANNOUNCED IN OPEN COURT

CHIEF JUSTICE

APPROVED FOR REPORTING