There is no mention of Gilani's disqualification in the Supreme Court's detailed judgement regarding his conviction for contempt for failing to reopen graft cases in Switzerland against President Asif Ali Zardari, the Islamabad High Court noted. It further observed that the apex court had referred the issue of disqualification to other constitutional forums.
Justice Shaukat Aziz Siddiqui of the High Court made the observations yesterday while hearing a petition filed by lawyer GM Chaudhry, who had asked the court to stop Gilani from working as the Premier after his conviction. Siddiqui said restraining the Premier from performing his duties would have an impact on the country and the High Court would not proceed with the matter unless Chaudhry proved that the Supreme Court had disqualified Gilani.
The judge asked the petitioner how he would declare the Premier disqualified when there was not a single sentence in the Supreme Court's detailed order that established his disqualification. Instead, the apex court wanted Constitutional bodies to decide the matter as the disqualification of a lawmaker is clearly defined in the Constitution.