Presidential ordinance gives legal protection to Gilani’s actions

Monday, June 25th, 2012 8:25:37 by

In order to give protection to all legislative and administrative measures taken by former prime minister Syed Yousaf Raza Gilani, President Asif Ali Zardari issued an unchallengeable ordinance on Sunday.

The former premier was disqualified by the Supreme Court after convicted in the contempt of court for defying its ruling to reopen cases against President Asif Ali Zardari in Switzerland.

The nasty development forced the Pakistan Peoples’ Party (PPP) to elect Raja Pervez Ashraf as the new premier of the country, making efforts to end rift between the judiciary and the government.

The two-page ordinance is intended to legalize all decisions, appointments and international commitments made by former chief executive Gilani since the day he was convinced for contempt of court charges. According to the legal draft, it could not be challenged legally anywhere, including through a petition in the apex court.

It added, “Any actions taken, orders passed, directions issued, advice given to president or appointments made by Yousaf Raza Gilani, shall be deemed to have been validly done. The provisions of the ordinance shall have, and shall be deemed to always have had, effect accordingly”.

It also stated that no suit, prosecution or any other legal proceedings including a petition shall lie in any court or forum including the Supreme Court against any order made or functions performed by Gilani.

The presidential ordinance was meant to legalize urgent matters of public importance when either houses of parliament, the National Assembly and Senate, the Lower House and Upper House of Parliament, are in not session.

However, the government is bound to seek what is known as a post facto approval of the ordinance from both the lower and upper house within 120 days after the ordinance has been issued.

After approval from the parliament, the Constitution ensures these ordinances become a law and cannot be challenged or annulled by any court of law.

During the period of 55 days since Gilani’s conviction to his dismissal, numerous actions took place.

The passage of the National Finance Bill 2012-13, appointments of a dozen and a half judges and significant compacts with foreign countries were among the actions taken by the former premier.

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