P L D 2012 Supreme Court 660 (PLP)
MUHAMMAD AZHAR SIDDIQUE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents
| Citation | P L D 2012 Supreme Court 660 (PLP) |
| Forum / Court | High Court |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J. Jawwad S. Khawaja and Khilji Arif Hussain, JJ |
| Parties | MUHAMMAD AZHAR SIDDIQUE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents |
| Primary Law | (d) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan |
Q1: What are the key laws and sections cited in P L D 2012 Supreme Court 660 (PLP)?
This judgment primarily cites: (d) Constitution of Pakistan, (c) Constitution of Pakistan, (a) Constitution of Pakistan, (b) Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2012 Supreme Court 660 (PLP)?
The case was heard and decided by the High Court bench comprising: Iftikhar Muhammad Chaudhry, C.J. Jawwad S. Khawaja and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2012 Supreme Court 660 (PLP) (MUHAMMAD AZHAR SIDDIQUE and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.K. Dogar, Senior Advocate Supreme Court, Azhar Siddique, Advocate Supreme Court, Mehmood A. Sheikh, Advocate-on-Record for Petitioners (In Const.P.No.40 of 2012).
- Hamid Khan, Senior Advocate Supreme Court, M. Waqar Rana, Advocate Supreme Court, S. Safdar Hussain, Advocate-on-Record for Petitioners (in Const. P. No.41 of 2012).
- Kh. Muhammad Asif, MNA (in person) for Petitioners (in Const.P.No.42 of 2012).
- S. Zafar Ali Shah, Senior, Advocate Supreme Court for Petitioners (in Const.P. No.43 of 2012).
- S. Mehmood Akhtar Naqvi (in person) for Petitioners (in Const.P.No.44 of 2012).
- Abdul Rehman Siddiqui, Advocate Supreme Court for Petitioners (in Const.P. No.45 of 2012).
- A.K. Dogar, Senior Advocate Supreme Court for Petitioners (in Const.P. No.46 of 2012).
- Khan Attaullah Tareen, Advocate Supreme Court and Ch. M. Asghar Saroha, Advocate Supreme Court for Petitioners (in Const.P. No.47 of 2012).
- Taufiq Asif, Advocate Supreme Court for Petitioners (in Const.P.No.50 of 2012).
- Ch. Aitzaz Ahsan, Senior Advocate Supreme Court for Syed Yousaf Razal Gillani.
- Muhammad Munir Peracha, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Federation.
Headnotes / Summary
Art. 184(3)
Constitutional petition under Art.184(3) of the Constitution
Scope
Supreme Court in exercise of jurisdiction under Art.184(3) of the Constitution was competent to ensure enforcement of the fundamental rights of the citizens in all matters of public importance.
Arts. 63(2), 204(2) & 184(3)
Contempt of Court Ordinance (V of 2003), Ss. 3 & 5
Constitutional petitions under Art.184(3) of the Constitution challenging the National Assembly Speaker's ruling by which she declined to send a reference against the Prime Minister to the Election Commission seeking his disqualification in view of his conviction in the contempt of Supreme Court case
Disqualification for membership of Majlis-e-Shoora (Parliament)
Powers exercised by the Speaker of the Majlis-e-Shoora under Art.63(2) of the Constitution
Judicial review of such powers
Scope
Speaker of the National Assembly under Art.63(2) of the Constitution exercised powers, in the present case, which were not covered by the definition of internal proceedings of Majlise- Shoora, therefore, the Supreme Court, in exercise of power of judicial review, was not debarred from inquiring into the order of the Speaker by which she refused to send a reference against the Prime Minister to the Election Commission keeping his disqualification in view of his conviction in the contempt of court case.
Arts. 63(1)(g), 204(2) & 184(3)
Contempt of Court Ordinance (V of 2003), Ss.3 & 5
Constitutional petitions under Art.184(3) of the Constitution challenging the National Assembly Speaker's ruling by which she declined to send a reference against the Prime Minister to the Election Commission seeking his disqualification in view of his conviction in the contempt of Supreme Court case
Contempt of Supreme Court committed by the Prime Minister and his resultant conviction
Effect
Prime Minister's disqualification from being a Member of the Majlis-e-Shoora
Supreme Court had found the Prime Minister guilty of contempt of Supreme Court under Art.204(2) of the Constitution read with S.3 of the Contempt of Court Ordinance, 2003 and sentenced him to undergo imprisonment till rising of the Court under S.5 of the said Ordinance, and since no appeal was filed against said judgment, the conviction had attained finality
Prime Minister, in such circumstances, had become disqualified from being a Member of the Majlis-e-Shoora (Parliament) in terms of Art.63(1)(g) of the Constitution on and from the date and time of pronouncement of the judgment (26-4-2012) of the Supreme Court with all consequences, i.e. he had also ceased to be the Prime Minister with effect from the date of the judgment (26-4-2012) and the office of the Prime Minister was deemed to be vacant accordingly.
Arts. 63(1)(g), 204(2) & 184(3)
Contempt of Court Ordinance (V of 2003), Ss.3 & 5
Constitutional petitions under Art.184(3) of the Constitution challenging the National Assembly Speaker's ruling by which she declined to send a reference against the Prime Minister to the Election Commission seeking his disqualification in view of his conviction in the contempt of Supreme Court case
Supreme Court directed that the Election Commission was required to issue notification of disqualification of the Prime Minister from being a Member of the Majlis-e-Shoora w.e.f. the date of the judgment of the Supreme Court (26-4-2012), and that the President was required to take necessary steps under the Constitution to ensure continuation of the democratic process through parliamentary system of government in the country.
Judgment & Decree
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 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 Balochistan (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. M.W.A./M-36/S Order accordingly.