News
Thursday, August 09, 2012
SC summons Raja* Court issues show-cause notice to PM for not writing Swiss letter
* Summons him on 27th to explain why contempt proceedings should not be started against him
By Hasnaat Malik
ISLAMABAD: After striking down Contempt of Court Act 2012, the Supreme Court has proceeded against the second chief executive of Pakistan regarding non-implementation of the NRO judgement, and observed the court had not and cannot move an inch from its December 19, 2009 judgement.
Following Federal Law Minister Farooq H Naek’s August 7 interview with a private TV channel, the court has issued a show-cause notice to Prime Minister Raja Pervez Ashraf for not implementing its orders regarding writing a letter to the Swiss authorities to reopen graft cases against President Asif Ali Zardari.
A five-member bench, headed by Justice Asif Saeed Khosa, directed the incumbent premier to appear before the court on August 27 and explain why the court should not proceed against him under Section 17 of Contempt of Court Ordinance 2003 read with Article 204 of the constitution.
Meanwhile, the court asked Attorney General Irfan Qadir to continue his efforts for finding out an alternative solution to end the ‘standoff’ over this issue between two major institutions of the country – judiciary and government. “If you make progress then it will be fine, otherwise the court will proceed further in accordance with law,” it added.
Talking to the media after the court’s proceedings, the AG said, "I was not expecting that the prime minister will be issued a notice in such manner," adding, "I thought the court would show restraint.”
During the hearing, Justice Khosa said they had not and cannot move an inch from the December 16, 2009 judgement. He inquired from the attorney general that two weeks have passed since July 25 but the court order had not been implemented so "do we consider it refusal".
The attorney general replied that in the last two weeks he remained busy in the Contempt of Court Act 2012 case as its proceedings were conducted on a day-to-day basis. Justice Khosa told him as long as you are AG you would remain busy.
Irfan Qadir stated, "The outcome of y efforts would be good and I shall continue to make efforts." Justice Khosa said the effort should continue until the last moment.
The court said in its order that they have shown judicial restraint but it was very unfortunate that the incumbent prime minister had been defying the order persistently, therefore, they were compelled to issue a contempt of court notice.
"We may observe at this stage, and we observe so with respect to the esteemed elective office of the prime minister/chief executive, that the ostensible calculated defiance on his part through adoption of dilatory tactics and putting up excuses for resisting implementation of this court's directions may know no bounds but at the same time restraint exercised by this court is also not without any limit."
During the last hearing, the attorney general had maintained before the bench that this court was not properly assisted on law and the facts in the NRO case. The court handed down the judgement, which was “unimplementable” and proper recourse for seeking revision of those judgements will be mulled by the federal government. The court noted that on August 7, Law and Justice Minister Farooq H Naek in a TV programme had confirmed it.
"We had on the last hearing and we have today remained unable to subscribe to the said submission of the attorney general. The court said that the judgement was delivered by a 17-member bench, which heard the case, appeal and review of the case, therefore the judgement has attained finality. The present bench is only seized with the implementation of the NRO judgement. The implementation bench cannot revisit the concluded and final judgment.”
The court observed that on the persistent and wilful disobedience in compliance with the NRO judgement, former premier Yousaf Raza Gilani was issued a notice, tried and then convicted/sentenced for committing contempt of court. Gilani was consequently disqualified as member of parliament and then removed from office of prime minister. The court adjourned the hearing until August 27.
Courtesy www.dailytimes.com.pk