MUHAMMAD AZHAR SIDDIQUE & others vs FEDERATION OF PAKISTAN, etc.
This matter concerns constitutional petitions filed under Article 184(3) of the Constitution of the Islamic Republic of Pakistan, 1973, challenging the status of Syed Yousaf Raza Gillani as a Member of the Majlis-e-Shoora (Parliament) and Prime Minister following his conviction for contempt of court. The core legal questions were whether the Supreme Court possesses the jurisdiction to review the Speaker's order regarding a member's disqualification and whether a conviction for contempt of court triggers automatic disqualification under the Constitution. The Court held that it retains the power of judicial review over the Speaker's actions, as such proceedings do not fall within the protected definition of internal parliamentary proceedings. Furthermore, the Court ruled that the conviction of Syed Yousaf Raza Gillani for contempt of court, which had attained finality, rendered him disqualified from being a member of the Majlis-e-Shoora under Article 63(1)(g) of the Constitution, effective from the date of his conviction. Consequently, he ceased to be the Prime Minister of Pakistan, and the office was deemed vacant, necessitating further action by the Election Commission and the President.
- Is the Supreme Court of Pakistan empowered to review the Speaker of the National Assembly's order regarding the disqualification of a member of Parliament?
- Does a conviction for contempt of court under the Contempt of Court Ordinance 2003 result in automatic disqualification from membership of the Majlis-e-Shoora under Article 63(1)(g) of the Constitution?
- Are the internal proceedings of the Majlis-e-Shoora immune from judicial review by the Supreme Court of Pakistan?
- Article 63(1)(g), Constitution of the Islamic Republic of Pakistan 1973
- Article 63(2), Constitution of the Islamic Republic of Pakistan 1973
- Article 184(3), Constitution of the Islamic Republic of Pakistan 1973
- Article 204(2), Constitution of the Islamic Republic of Pakistan 1973
- Section 3, Contempt of Court Ordinance 2003
- Section 5, Contempt of Court Ordinance 2003
ORDER
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 25.05.2012. 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-rid-Din v. Speaker Baluchistan Provincial Assembly (1994 MLD 2500), Muhammad Naecm Akhtar v. Speaker Sindh Provincial Assembly (1992 CLC 2043), Farzand All 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 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 26.04.2012 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, 25.4.2012; 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.