A few hours ago the Supreme Court of Pakistan ruled that Yusuf Raza Gilani stands disqualified under 63(1) g of the Constitution. I have written extensively on this in many of my previous blog posts which may be found on this website. However I'd like to state some basic issues with this judgment in clear and unambiguous terms (sadly no one speaks in those in Pakistan:
1. Chief Justice of Pakistan is NOT vested with the authority under the constitution to dismiss the Prime Minister or over-rule the decisions of the Speaker i.e. Presiding Officer of the National Assembly whose decisions are his or her privilege and are covered by the parliamentary privilege clause.
2. Chief Justice of Pakistan/the entire Supreme Court of Pakistan has no authority to dictate to the Prime Minister of Pakistan on what to write to which foreign authority. That is an executive function and not a judicial function.
1. Chief Justice of Pakistan is NOT vested with the authority under the constitution to dismiss the Prime Minister or over-rule the decisions of the Speaker i.e. Presiding Officer of the National Assembly whose decisions are his or her privilege and are covered by the parliamentary privilege clause.
2. Chief Justice of Pakistan/the entire Supreme Court of Pakistan has no authority to dictate to the Prime Minister of Pakistan on what to write to which foreign authority. That is an executive function and not a judicial function.
