ISLAMABAD: The Supreme Court accepted the petitions, against the ruling of Speaker National Assembly over the disqualification of the prime minister Gilani and will hear it on June 6, Aaj News reported.

Pakistan Muslim League-Nawaz (PML-N) and Pakistan Tehrik-i-Insaf (PTI) on May 28 had filed the petitions against the Speaker National Assembly Fehmida Mirza when she had saved Prime Minister Yousuf Raza Gilani from disqualification despite being convicted for the contempt of court.

A three member bench headed the Chief Justice Iftikhar Muhammad Chuadhry will hear the petitions on June 6.

Speaker National Assembly Dr Fehmida Mirza on May 24 declined to send a reference against Prime Minister Yusuf Raza Gilani to the Election Commission stating that no question of his disqualification arises in contempt of court case.

"I am of the view that the charges against Syed Yousaf Raza Gillani are not relatable to the grounds mentioned in paragraph (g) or (h) of clause (1) of Article 63, therefore, no question of disqualification of Syed Yousaf Raza Gillani from being a member arises under clause (2) of Article 63 of the Constitution," according to the five-page ruling issued by the National Assembly Secretariat.

In a suo motu case, the Supreme Court of Pakistan had given a short order on April 26, 2012 whereby the Prime Minister was punished under Section 5 of Contempt of Court Ordinance, 2003 (Ordinance V of 2003) with imprisonment till the rising of the Court. The detailed judgment was released on 8.5.2012.

The Speaker said it appeared that hat no specific charge regarding the propagation of any opinion or acting in any manner against the independence of the judiciary or defaming or ridiculing the judiciary as contemplated under Article 63 (1) (g) has been framed.

According to the Speaker, on April 30, 2012, her office had received a reference under clause (2) of Article 63 by Moulvi Iqbal Haider praying for referring the question of disqualification of Syed Yusuf Raza Gilani from being a member, to the Election Commission.

He had contended that the prime minister has become disqualified from being a member of the Assembly due to his conviction by the Supreme Court of Pakistan under Contempt of Court Law.

The National Assembly Speaker expressed serious concerns regarding letters through which Short Order and detailed judgment of the Supreme Court were separately conveyed by the Assistant Registrar writing for Registrar and addressed directly to the Speaker.

She said the Speaker holds a constitutional position and is an elected head of the House and guardian of the rights of 342 Members of the country, representing the will of the people of Pakistan.

"In view of the above, the office of the Speaker demands the highest respect from other organs of the State and functionaries of the Government. The contents of the letters are in bad taste and also against the parliamentary norms and traditions," the Speaker remarked in her ruling.

The Speaker said she had gone through the said reference application, the short order and detailed SC judgment and relevant provisions of the Constitution and the Contempt of Court Ordinance, 2003.

Regarding the Supreme Court verdict, the Speaker said it has not framed any specific charge regarding the propagation of any opinion or acting in any manner against the independence of the judiciary or defaming or ridiculing the judiciary.

Speaker Dr Fehmida Mirza also cited a the case of Makhdoom Javed Hashmi, former MNA who was convicted by Session Judge Islamabad in 2004 and was sentenced to imprisonment of 19 years.

After Hashmi filed three separate nomination papers as candidate for ascertainment of the Leader of the House, the government side raised objection stating hat he had been disqualified after conviction for propagating and defaming the Armed Forces of Pakistan.

However, the then Speaker National Assembly over ruled the objection and accepted the nomination papers of Hashmi and the Secretariat made all arrangements for ascertainment of the Leader of the House for 27.8.2004 between two contesting candidates including Shoukat Aziz and Javed Hashmi.

Citing the very ruling of the former NA Speaker, Dr Fehmida Mirza said the charges against Yusuf Raza Gilani were not relatable so, no question of his disqualification from being a member arises.

"The letters of the Assistant Registrar for Registrar of the Supreme Court stands answered accordingly. Furthermore, the petition of Moulvi Iqbal Haider, Advocate being without any merit, is not maintainable and accordingly rejected," the Speaker ruled.

She cited a case titled Kanwar Intizar Muhammad Khan vs Federation of Pakistan and others that the Speaker while examining a reference under Article 63 (2) of the Constitution is not supposed to act merely as post office.

"The Speaker has to apply his own mind judiciously after fully taking into consideration the relevant provisions on the subject and then decide as to whether "any question" in the nature of disqualification has "arisen" which may justify the making of reference to the Chief Election Commissioner."