Decree to stop challenges to ex-Pak PM’s decisions

Pakistan’s President Asif Ali Zardari yesterday issued a decree to prevent actions taken in the past two months by the ex-premier, recently ousted by judges, from being challenged in court. The Supreme Court yesterday ordered the dismissal of Yousuf Raza Gilani as prime minister after convicting him of contempt in April for refusing to reopen Swiss corruption cases against Zardari.  The move was the culmination of a stand-off between the judiciary and the government, and forced the main ruling Pakistan People’s Party to hastily elect Raja Pervez Ashraf as the new premier on Friday in a bid to end the crisis. Yesterday’s decree aims to prevent actions taken and orders passed by Gilani between April 26 -- when he was convicted of contempt — and his dismissal this week from being challenged in any Pakistani court, according to the text of the ordinance. When they ousted Gilani, the Supreme Court said he was no longer prime minister from the date of his contempt conviction, raising the prospect of any actions he took as premier in the past two months being challenged. “Any actions taken, orders passed, directions issued, advice given to president or appointments made by Yousuf Raza Gilani, shall be deemed to have been validly done,” the ordinance said. “The provisions of the ordinance shall have, and shall be deemed to always have had, effect accordingly.” It said that “no suit, prosecution or any other legal proceedings including a petition shall lie in any court or forum including the Supreme Court” against any order made or functions performed by the former premier.The PPP government, dogged by corruption allegations, has been locked in a stand-off with the judiciary for years.  Zardari was forced to ditch his first choice to replace Gilani, Makhdoom Shahabuddin, after an anti-narcotics court ordered his arrest over a drugs scandal. Gilani’s nominee for the post of the chairman, custom appellate tribunals, has assumed his duties.The chairman was appointed by Gilani and a notification in this regard was issued by the ministry of law and justice on June 18.According to the notification, Mohamed Arshad Tabrez, who remained a defence counsel of Zardari in corruption references till the time he became the president in 2008, will head 17 custom courts across the country for a period of two years.Raja Amir Abbas, a senior lawyer, said all the decisions taken by the former prime minister after April 26 could only become effective if the SC gives them indemnity, he added.He said Tabrez should have deferred his joining till the issuance of detailed judgment.Amjad Iqbal Qureshi, another lawyer, however, said the Supreme Court in its landmark judgment of July 31, 2009, in which it had struck down the extra-constitutional decisions taken by the former president Pervez Musharraf while proclaiming emergency on November 3, 2007, also provided safeguards to some decisions of the dictator.He said if all the decisions of Gilani were declared unconstitutional, the appointments of 15 judges in the Superior Courts and elevation of Justice Sheikh Azmat Saeed in the SC and Umer Ata Bandial as Lahore High Court (LHC) Chief Justice would be reversed.According to the sources, the ministry of law and justice, asked Tabrez to immediately assume the charge.