Tuesday, January 10, 2012

NRO case:SC threatens to disqualify president & PM on violated oath(six options)

Supreme Court warned on Tuesday that it could disqualify both the president and prime minister from their offices for disobeying its orders to re-open high profile corruption cases.
The court gave the government a one-week deadline to move forward stalled corruption proceedings against President Asif Ali Zardari and others but made no ruling, only outlining options to be reviewed by a larger panel of judges.
The court listed six possible outcomes for the case, including the disqualification of the country's two top civilian leaders.Other options included the initiation of contempt proceedings against top officials, the setting up of a commission to implement the court's order or to put the issue to a countrywide vote.

The six options are being handed over to the Attorney General:
1.Indict Prime Minister under Article 63(1)(g), declare him unqualified to be elected as member of parliament.
2. Contempt of court against Chief Executive and Federal Law Secretary.
3. Court may form a commission to get verdict implemented.
4. President may seek immunity under Article 248.
5. Contempt of court against Chairman NAB.
6. People of Pakistan may decide.
The apex court said that Prime Minister Syed Yousuf Raza Gilani is not an honest man as he violated his oath.
Action can be taken against the Prime Minister, Law Minister and Law Secretary, the apex court announced further. The court said that all three individuals could be disqualified from holdong their offices.
The court said that those who violated their oath can be disqualified under Article 62 while the Prime Minister can be disqualified under Article 63(1)(g). However, the President can seek immunity under Article 248, the Supreme Court said.
It added that the reply of NAB Chairman was not satisfactory as he did not take any steps to implement the Supreme Court verdict.
Judiciary will not follow the doctrine of necessity: CJChief Justice Iftikhar Chaudhry said that the time had come when solutions would have to be created regardless of their possible consequences, adding that the judiciary would not follow the 'doctrine of necessity'.


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