Ordinance to shield Gilani's actions challenged in SC
27 June, 2012
ISLAMABAD: A petition was moved on Tuesday in the Supreme Court challenging the ordinance issued by President Asif Ali Zardari to give constitutional cover to the actions of former prime minister Yousaf Raza Gilani taken after his disqualification.
Journalist Shahid Orakzai filed the petition, nominating the law secretary as a respondent. He requested the apex court to declare the promulgation of the presidential ordinance ultra vires to the constitution.
He further requested the court to declare that the president had violated the constitution and that his act had invoked Article 47 of the constitution.
Orakzai contended that the president had violated his oath under Article 42 of the constitution and trespassed articles 70 and 75. The president had completely disregarded his constitutional duties under articles 54 and 56 of the constitution, the petitioner said.
He also raised questions regarding the president's authorities to impose any restriction or limitation on the constitutional jurisdictions of the Supreme Court and his powers to suspend the original jurisdiction of the Supreme Court.
Could the Supreme Court continue to hear a reference sent by a president under Article 186 if he had imposed curbs on the court by promulgating an ordinance, he asked.
Orakzai submitted that the promulgation of the ordinance was a multiple breach of Article 89 and violated many of its provisions. It violated Clause 2 of the article as it ignored the restrictions imposed by the constitution on the powers of parliament to make laws, he added.
He contended that the making and promulgation of the ordinance was a manifest and deliberate violation of the constitution by the president of Pakistan in terms of the Clause 1 of Article 47.
The petitioner requested the court to suspend the implementation of the ordinance.