|Presidential decree challenged in SC|
27 June 2012
ISLAMABAD - The Ordinance that gave constitutional cover to the actions of former prime minister Syed Yousuf Raza Gilani was challenged in the Supreme Court on Tuesday.President Asif Ali Zardari on June 24 had issued the ordinance to validate orders, directions, instruments, MoUs and national and international commitments made by then prime minister Gilani from 26th April to 19th June, 2012.Shahid Orakzai, the petitioner, in his application prayed that President Zardari by issuing the ordinance, had violated the Constitution.The ordinance read: “2. Validation of acts, etc:- Notwithstanding anything contained in any law for the time being in force or any Order or Judgment of any court including any Order of Judgment of the Supreme Court, anything done, functions including parliamentary functions performed, actions taken, orders passed, directions issued, instruments made, MoUs executed, national and international commitments made, process of communication issued, advice given to the President in any matter, including in respect of Acts and Ordinances, SROs and other legal instruments issued, powers confirmed, assumed or exercised, or appointments made, by Syed Yousuf Raza Gilani, Prime Minister of Pakistan from 26th April to 19th June (both days inclusive), shall be deemed to have been validly done, performed, taken, passed issued, made, given, confirmed, assumed, executed, exercised and provisions of this Ordinance shall have, and shall be deemed to always to have had, effect accordingly.”“(2) No suit, prosecution or legal proceedings, including writ petition, shall lie in any court or forum including the Supreme Court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done or advice given whether in the exercise or purported exercise of the powers or functions referred to in sub-section (1) or in execution of or in compliance with orders made or functions performed or actions taken in exercise or purported exercise of such powers.”The order clearly stated that the ordinance could not be challenged at any forum including the Supreme Court. However, the petitioner contended that the order was an attempt to curtail the judiciary’s powers.The petitioner requested that the hearing of Bhutto reference should be stalled till the ruling on this plea is delivered.
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