LAHORE - The PML-N on Sunday decided to file a constitutional petition in the Supreme Court of Pakistan to challenge National Assembly Speaker Dr Fehmida Mirza’s verdict in favour of Prime Minister Yousuf Raza Gilani. The PML-N MNA Khawaja Muhammad Asif, with the permission of the party leadership, will file a petition in the Supreme Court on Monday (today) under Article 184(3) of the Constitution. In this petition, copies of which were made available to the media late Sunday night, Prime Minister Gilani has been made the respondent, besides the Federation of Pakistan, through the Secretary Ministry of Law, Justice & Parliamentary Affairs, Law & Justice Division. The petitioner has requested the apex court to hold the ruling of the speaker of the National Assembly dated 24th May in the matter of the prime minister under Article 63(2) of the Constitution as arbitrary, capricious and illegal.He has further prayed that the court should direct the Election Commission of Pakistan to expeditiously decide the question of the disqualification of Mr Gilani as required under Article 63(3).The court has also been requested to restrain Gilani from continuing to act as a member of the National Assembly and from exercising the powers of the prime minister, pending final adjudication of this petition.In the said petition, the following points of law have been raised to seek court’s verdict on these. Whether the ruling of the speaker of the National Assembly dated 24.5.12 made under Article 63(2) of the Constitution in the case of Gilani (hereinafter referred to as “the ruling”) is tantamount to subverting the principles of democracy, equality and independence of judiciary in so far as it seeks to sit in judgment upon the verdict of the Supreme Court and whether the same defeats “the will of the people of Pakistan to establish an order….wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed..[and] wherein the independence of the judiciary shall be fully secured…" ?Whether the Speaker of the National Assembly in a ruling made under Article 63(2) of the Constitution could defeat and render naught the unequivocal and unanimous judgment of a seven-member bench of the Supreme Court which has attained finality?Whether the speaker of the National Assembly in a ruling made under Article 63(2) of the Constitution can flagrantly disregard the right of all citizens to be dealt with in accordance with the law as mandated under Article 4 of the Constitution of the Islamic Republic of Pakistan?Whether the ruling of the speaker of the National Assembly is in direct contravention to the doctrine of separation of powers and the basic features of the Constitution of the Islamic Republic of Pakistan as consistently elucidated by the Hon’ble Supreme Court of Pakistan?Whether the ruling of the Speaker of the National Assembly violates the basic duty of every citizen to obey the Constitution and the law as enshrined under Article 5 of the Constitution of the Islamic Republic of Pakistan and whether the same protects and encourages those who seek to defy and defeat the law?Whether the fundamental right to life guaranteed under Article 9 is limited to a vegetative state or whether the same includes all attributes of a fulfilling life, including the right to live in a society where the decisions of the Supreme Court are enforced and not circumvented by the ruling of the speaker of the National Assembly made under Article 63(2) of the Constitution? Whether the right of fair trial under Article 10 A of the Constitution also by necessity mandates the corresponding duty to abide by the verdict of a fair trial, the sanctity of which cannot be violated by the ruling of the speaker of the National Assembly made under Article 63(2) of the Constitution?Whether by any stretch of legal imagination, the ruling of the speaker of the National Assembly under Article 63(2) of the Constitution could be held to be protected under Article 69 of the Constitution?Whether the ruling of the speaker of the National Assembly is in complete and utter violation of the Constitution of the Islamic Republic of Pakistan and is of such unprecedented nature that it warrants urgent redress by this hon’ble court under its jurisdiction under Article 184(3) of the Constitution?Narrating facts of the case, Khawaja Asif has maintained that that notwithstanding the conviction and proving of guilt, Yousuf Raza Gilani has illegally clung on to the office of the prime minister and his membership of the National Assembly. “That by his willful contempt and defiance of the verdict of the Supreme Court in the case of Dr Mobashir Hasan vs Federation of Pakistan, the respondent No.2 (Gilani) has sought to bring the  Supreme Court and the judiciary of this country into ridicule. That by his adamant insistence on continuing to illegally occupy the office of the Prime Minister even after conviction by the Supreme Court, the respondent No.2 has brought the entire Federation of Pakistan into ridicule in the comity of nations,” the petition reads.  It further states that it is incredulous that the ruling of the speaker of the National Assembly does not even make a cursory mention, what to say of intelligible consideration, of the unanimous verdict of the seven-member bench of the Supreme Court that found Mr Gilani guilty of and convicted for contempt of court under Article 204(2) of the Constitution. The petition says that the ruling of the speaker of the National Assembly under Article 63(2) of the Constitution is partisan, arbitrary and in contumacious disregard of the unequivocal findings of the Supreme Court in Criminal Original No.06 of 2012 and is, therefore, liable to be set aside with the direction to the Election Commission to decide the question of the disqualification of the respondent No.2 as required under Article 63(3).Giving grounds of the petition, Khawaja Asif has observed that the ruling of the speaker is tantamount to subverting the principles of democracy, equality and independence of judiciary in so far as it seeks to sit in judgment upon the verdict of the Supreme Court of Pakistan. “Such ruling is a direct attack on the will of the people of Pakistan “to establish an order….wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam shall be fully observed...wherein the independence of the judiciary shall be fully secured…"  He has also maintained that Speaker’s ruling could not defeat and render naught the unequivocal and unanimous Judgment of a seven member bench of the Hon’ble Supreme Court of Pakistan which has attained finality”.The PML-N also believes that Speaker’s Ruling is in flagrant disregard to the right of all individuals to be dealt with in accordance with the law as mandated under Article 4 of the Constitution of the Islamic Republic of Pakistan; and that it is also in direct contravention to the doctrine of separation of powers and the basic features of the Constitution. The petitioner has further stated that the right of fair trial under Article 10 A of the Constitution also by necessity mandates the duty to abide by the verdict of a fair trial and the sanctity of which cannot be violated by the ruling of the speaker of the National Assembly under Article 63(2) of the Constitution.According to the petitioner, “by no stretch of legal imagination can it be asserted that the Ruling of the Speaker is protected under Article 69 of the Constitution, and that it is in complete and utter violation of the Constitution and is of such unprecedented nature that it warranted urgent redress by this Hon’ble Court under its jurisdiction under Article 184(3) of the Constitution.