LAHORE: Eminent legal and constitutional experts said Sunday that only the Supreme Court or Parliament was capable of providing protection to the steps and decisions taken by former Prime Minister Syed Yusuf Raza Gilani between April 26 and June 19.
They also said that it was necessary to present the presidential ordinance before the National Assembly for approval, and that this ordinance could be challenged in court as well. Furthermore, in the short disqualification verdict, there was no direct mention of this.
President Lahore High Court Bar Sheram Sarwar Chaudhry said that the SC decision regarding Gilani’s disqualification did not specify anything regarding the decisions taken by him between April 26 and June 19, thus creating a constitutional crisis, and thus President Zardari was forced to issue the presidential ordinance.
During this period, decisions regarding the confirmation of judicial appointments in the supreme judiciary, foreign accords, the special budget and the appointment of eminent persons had all been taken, and the Supreme Court — in its short verdict — made no mention of the legality of these decisions. He said the prime minister’s decisions could not be protected merely by a presidential ordinance, and that it was necessary to get the National Assembly’s approval in this regard.
President Lahore Bar Chaudhry Zulfikar said that the presidential ordinance could be challenged in the Supreme Court, and that the apex court enjoyed full authority of legal and constitutional interpretations.
He said that if the Supreme Court — in its detailed verdict — chose not decide to protect the decisions taken by the former prime minister during the aforementioned period, all those decisions would be rendered unconstitutional. Thus it would be necessary to move a reference in the court in this regard, or else the ordinance should be presented before the Parliament for approval.