News
Thursday, February 02, 2012
PM to be indicted if presidential immunity not proven: SC* Aitzaz says proceedings regarding non-implementation of NRO order should be initiated in high court
* Law Ministry had told PM NRO verdict can’t be implemented
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Wednesday told Aitzaz Ahsan, the counsel for the prime minister, to convince that President Asif Ali Zardari enjoyed presidential immunity, otherwise charges could be framed against the prime minister in contempt of court proceedings.
Aitzaz, however, contended before the Supreme Court bench that proceedings regarding the non-implementation of the court’s December 16, 2009 judgement should be initiated in a high court under the mechanism provided in Article 187 of the constitution.
The court warned that charges could be framed against the prime minister if he (Aitzaz) failed to convince that 17-member bench’s judgement on the National Reconciliation Ordinance (NRO) was not implementable as the president enjoyed immunity under Article 248.
The court further observed that Article 204 of the constitution had empowered the apex court to take action against those who did not implement its orders.
A seven-member bench heard the preliminary hearing of contempt notice to Prime Minister Yousaf Raza Gilani.
During the hearing, Aitzaz Ahsan said the prime minister’s stance was that he had reasonable basis to believe that complying with para 178 of the NRO judgement was not presently possible as the president had immunity under Article 248. Hence, the contempt notice against the PM should be discharged.
Justice Nasirul Mulk remarked that there would be no need of contempt proceedings if immunity was proven, adding that the PM said the decision not to write the letter to Swiss authorities was his own.
He told Aitzaz Ahsan he should first clarify his position on Article 248 and then come to the issue of contempt notice to the PM.
The court further pointed out that Aitzaz’s argument was that the president enjoyed immunity under Article 248, therefore, a letter could not be written to the Swiss authorities. Aitzaz said that he was not representing the president or prime minister, but was a lawyer of the constitution and wanted that interpretation of the constitution should be done rightly.
The counsel said that the Law Ministry had advised the PM that implementation of the NRO judgement was not possible for the time being, as the president could not be pushed to foreign fire, and the PM acted in bona fide manner.
The court had directed the counsel to complete his arguments by first half of the proceeding and adjourned the hearing until today (Thursday).
Courtesy www.dailytimes.com.pk