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Gilani Conviction

30 April, 2012

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The Prime Minister Gilani was sentenced to imprisonment "Till the Rising of the Court" in a contempt case by the Supreme Court of Pakistan on April 26th, 2012, which lasted for 32 seconds. The released PM and his party do not consider his such conviction to have also disqualified him from being the member of the national assembly and thus no more the Prime Minister. According to them it is the Parliament and the Speaker who can disqualify a member of the assembly and the Speaker can take 30 days to decide after having received the reference from the court.
 
In the light of above, please comment:
 
1.    Should the PM continue as the PM after his conviction by the SCP?
2.    Is it correct on the part of PPP leadership to take this issue to the National Assembly?
3.    What action is likely to be taken by the Election Commission if the Speaker refers the matter to it?
4.    What course of action the SCP can adopt to ensure implementation of its decision?

Reader Comments:

PM Should Leave office

1. Should the PM continue as the PM after his conviction by the SCP?
the 30 second punishment is just nothing, but as a moderate and noble politician he should leave office as this stain is on his clothes, there is no SURF EXCEL who can remove these stains

2. Is it correct on the part of PPP leadership to take this issue to the National Assembly?
Simply they need to obey the orders and constitution, and as a 45 years old mature political party they have to establish new trends not like what they are showing now.

3. What action is likely to be taken by the Election Commission if the Speaker refers the matter to it?
Election Commission has no power to imply the rules on politicians, they already sanction to Jamshaid Dasti on two times to elect as Member of National Assembly.

4. What course of action the SCP can adopt to ensure implementation of its decision?
SC has no power, PM and its party has clearly said that they have no intention to obey the orders. They will only follow parliament not supreme court. its the stage where they have to sink with shame

Usman Ahmed, Pakistan - 30 April, 2012

Pm should continue

ali cheema, Pakistan - 30 April, 2012

Should Prime Minster Resign????

I have a question. If the court in Pakistan convicts me do I have a right to say that I do not agree with the decision and no hence action can be taken against me? If so, do let me know so we can market Pakistan to all the convicted criminals globally - I'm sure we can attract quite a bit of foreign exchange!

Ayaz Ahmad, Pakistan - 03 May, 2012

Should Prime Minster Resign????

Dear All,
Do not be sentimental. Be calm as even the stock market is recovered minutes after SC decision this morning. Judiciary has provided PPP a strong political campaigner for election in shape of Yousaf Raza Gillani who has been convicted as he probablly hit the ego of judges, which is called in Pakistan as contempt of court. He has not been charged for corruption or any moral turpitude rather he probabbly annoyed judges who have shown their muscles to Mr Gillani for being judges of their own cause rejecting all legal and constitutional arguments, Gillani and his lawyers believe.

SC decision is win win for both PPP and SC and main losers seem to be Imran Khan who wrote profile of CJ in Time and Nawaz Sharif who was banking on a full jail term for Gillani so that PPP could not have a strong campaigner leading the party campaign for next elections.
God rid of Pakistan from all judicio-political intrigues. Pakistan and the people of Pakistan are great.

Regards

Shafqat Munir, Pakistan - 03 May, 2012

Should Prime Minster Resign????

Dear Shafqat,

I agree with you inspite of whole propaganda that nation wants PM to resign and by the end of day we got actual verdict from the nation in Multan in bye election. The fact that People still prefer PPP to rule compare to other political parties.

Kind regards

Adam Malik, Pakistan - 03 May, 2012

Should Prime Minster Resign????

While comparing the routine decisions of the Judicery in ordinary cases the status que is maintained till the final decision of the appeal by the apex Court I think it is not mandatory to withdraw from the current position unless ordered by the court.However the accused voluntarely can go to the earlier position to earn a repute.

Syed Hussain Raza Jahfery, Pakistan - 03 May, 2012

Should Prime Minster Resign????

Dear All

Supreme Court of Pakistan has convicted the Prime Minister of Pakistan in contempt of court case. As this was a symbolic conviction and he was not sent to jail but article of disqualification also applies on him according to this decision ... which is more dangerous for his future . Here is text of article 63(G):

"Article 63 of the Constitution:
In the Constitution, for Article 63, the following shall be substituted, namely:- "63. Disqualifications for membership of Majlis-e-Shoora (Parliament): (g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release;

Now government has decided to file an appeal in supreme court till the decision of that appeal the prime minister would consider convicted person.

Do you all think that a convicted person should remain in the office of the prime minister?

What Morality says? Is there any example in the civilised world that a convicted person is the head of the executive?

I hope our analysis would be based on facts and would not be biased like Kamran Khan and Co.

Bashir Chaudhary, Pakistan - 03 May, 2012

Should Prime Minster Resign????

Dear All

Supreme Court of Pakistan has convicted the Prime Minister of Pakistan in contempt of court case. As this was a symbolic conviction and he was not sent to jail but article of disqualification also applies on him according to this decision ... which is more dangerous for his future . Here is text of article 63(G):

"Article 63 of the Constitution:
In the Constitution, for Article 63, the following shall be substituted, namely:- "63. Disqualifications for membership of Majlis-e-Shoora (Parliament): (g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release;

Now government has decided to file an appeal in supreme court till the decision of that appeal the prime minister would consider convicted person.

Do you all think that a convicted person should remain in the office of the prime minister?

What Morality says? Is there any example in the civilised world that a convicted person is the head of the executive?

I hope our analysis would be based on facts and would not be biased like Kamran Khan and Co.

Bashir Chaudhary, Pakistan - 03 May, 2012

He should continue as he is doing

They have gone through 80 percent of the tenure time anyways. Wait tiill the next election, which is not far away.

No body should and can remove the elected PM. Forcing the PM out can destabilize the country and spread anarchy.

Just hang tough, wait for the next election and do not take irrational, rash and rough untimely decisions. PM will stay there until next election says some thing different.

Anwar Mahmood, Canada - 05 May, 2012

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