Supreme Court decision has become final

[M javed]

Supreme Court decision has become final

Because it has not been challenged.

Supreme Court decision says the PM is being sentenced and convicted not only for committing 'contempt' but also for 'ridiculing' the court.

Had it been a case of simple contempt, the speaker had the discretion to declare that the membership of PM does remain un-affected for example on the question of the required quantum of sentence i.e. at least two years.


The speaker or the PP has cleverly or mischievously did not deliberate on the question of ridiculing the court and chose the course which suited them.

Had she deliberated on the question of ridiculing the court, the matter would definitely have gone to the Election Commission and she would not have any other role except to forward it to the Election Commission for notification of the PM as a no-more member of the National Assembly.

There is no doubt that such a question was there. Her powers were confined just to see whether a question was there and not to sit as an appellate court on the Supreme Court decision which she did.

As a result, she has breached Article 63(2) and Article 63(1)G of the constitution as well as her oath as the speaker of the National Assembly by allowing an undue favour to a member (the PM) of her party.

Now the situation is, Article 63(1)G has become effective as the decision has not been challenged.

Under this Article, a member of Parliament who has ridiculed the court (or Pakistan Army) has become automatically disqualified.

By not challenging the Supreme Court decision, the PM has not exercised his right of appeal and has admitted that the charge of ridiculing the court was correct.

As a result a new legal situation has arisen where the speaker decision (not her ruling) has become irrelevant and power has moved to the Election Commission to notify that the PM has disqualified automatically as a member of the National Assembly and is not eligible to hold the office of the Prime Minister.

As a question of law, neither the speaker nor the Election Commission can sit as an appellate court to the Supreme Court decision.

The current status of the office of the Prime Minister is that it is being run by a person Mr. Yousaf Raza Gilani (an ex-officio) who is a non-member of the assembly and a convicted citizen of Pakistan.

 

[Faheem Niaz]

I was final, they knew it , what will be out come of appealing again if made.
It's all topi drama game to just run out the time for budget . Nothing more reality.

 

[M javed]

Now it will be the absolute discretion of the court to admit an out of time appeal and then to suspend the operation of the original judgement until a final decision.

If an out of time appeal is filed, the court will see how important the case is from a judicial and national point of view.

 

[Shero]

if the PCO judge mr Iftikhar Ch can hear Nawaz Sharif's case after ten years , then i guess appealing time is 10 years ...

 

[tariisb]

پاکستان کی بری عدالت نے اپنا ، فیصلہ سنا دیا ، اور اسکا حکومت نے ، بہت تکبر سے ، تمسخر اڑایا ہے ،
اب دوسری عدالت ، الیکشن کے موقع پر لگے گی ، دیکھنا یہ ہے کہ ، سارا سال ، چیخنے ، رونے ، بلکنے والی ، عوام ، کی عدالت ، کیا فیصلہ دے گی ،
ہر ووٹر ، منصف ہے ، ہر مرد و عورت ، ایک جج ہے ، ہر شخص کے ، ہاتھ میں ، ایک پرچی ہوگی ، اور اس پرچی ، پر ، وہ جسکو چاہہے ، سزا دے ، کوئی مشکل مرحلہ ، نہیں ، سڑکوں پر احتجاج کرنے سے زیادہ ، آسان اور شاندار موقع ، جس میں پاکستان کی تقدیر بدلی جا سکتی ہے ، ​

 

[M javed]

It can be even 100 years if the court accepts an out of time appeal.