A five-judge bench headed by Chief Justice Iftikhar Chaudhry ruled that the Contempt of Court Act of 2012 was "unconstitutional" and struck it down.
The bench gave its order in response to more than 25 petitions that had challenged the new law. The order issued by the court said, "Thus, having been left with no constitutional option, Contempt of Court Act 2012 is declared unconstitutional, void and non est, as a consequence whereof...it is declared that the Contempt of Court Ordinance 2003 shall be deemed to have revived..." President Zardari had on Jul 12 signed into law the new Contempt of Court Act after it was passed by the two houses of Parliament.
The law was aimed at saving Prime Minister Ashraf from possible disqualification by the apex court for refusing to reopen corruption cases against Zardari in Switzerland.
The government had contended that the option of initiating contempt of court proceedings against the premier for not acting on the apex court's order had ended with the passage of the new Contempt of Court Act.
The new law had protected top government functionaries, including the President, Prime Minister and provincial Governors, from contempt for their executive actions.
Today's judgement came five days before another bench takes up the case related to the apex court's order to the government to approach Swiss authorities to revive the graft cases against Zardari.