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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: APL
Full Name: Association of Pakistani Lawyers (UK)
User since: 24/Nov/2010
No Of voices: 57
 
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PM should have left honourably, APL

 

Association of Pakistani Lawyers (UK) a team of British Pakistani Solicitors, Barristers and judges has welcomed Supreme court’s decision to disqualify the Prime Minister of Pakistan Syed Yousaf Raza Gilani in the presence of a non appealed conviction and sentence and termed it just, and proportionate when other institutions failed to discharge its function.

 

APL chair Barrister Amjad Malik said that, Article 63 of the constitution is quite clear on disqualification upon conviction, and “PM should have left honourably”, as there is no dearth of members in Pakistan People’s Party to replace a member of Parliament.  

 

APL chair further said that Pakistani lawyers in Britain expressed their views clearly on 9th May in a statement when Gillani visited UK that, Prime Minister must pack his bags and go home, unless judgment is stayed on appeal by Superior Courts his all actions, decisions, agreements and directives lack legal sanctity and may be classed ultra vires, and he may be personally liable for expenses of his tour in the absence of legal cover. PM must save himself and the nation from international embarrassment and feel pity on the masses who are law abiding in general.”

 

In response to the order of the Supreme Court of 19 June 2012 , APL chair commented that its an Excellent decision, Right, just and proportionate in the climate. Speaker should have forwarded the reference with her opinion but Speaker tried to undermine judicial decision, and hence looking at the fate of forged degree holders, Supreme court has adopted a route available to it under Article 187 of the Constitution 1973  to do complete justice, we strongly welcome the decision.  

 

Mr. Malik opined, that PM could have appealed and his legal aides duped him miserably. He still can appeal but on legal grounds now by separating himself from his office. If order was not stayed earlier, he no longer had the moral or legal authority to hold his chair without a stay order. It was saner if had resigned, and If he did not, Then State business was run under a convicted criminal without appealing the conviction or sentence. By prolonging further sanctity of his decisions / directives would be questionable making Pakistani criminal justice system, courts and it's orders a laughing stock in Pakistan and outside. Supreme Court has avoided further national and international humiliation for him as foreign state dignities may refuse to receive him as a legitimate Premier.  

 

“I am firmly of the view that From an ordinary policeman to the top General, no one will give respect to the judges & their judgments if the Chief Executive or any individual or institution no matter how big or strong it is, lock horns with the judiciary & does not surrender to the rule of law concept. Supreme Court today tried to establish the writ of Supreme Court in the absence of seriousness on implementing its orders, it’s a fresh air and a new beginning of ending corruption and lawlessness from Pakistan”, said Mr. Malik,

 

 

 

BARRISTER AMJAD MALIK, MA, LLM

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