News
Friday, February 03, 2012
Supreme Court to indict prime minister for contempt on 13thClock ticking on Gilani
* Justice Nasirul Mulk says there were grounds to proceed against Gilani over refusal to follow court order, ask Swiss authorities to re-open cases against Zardari
ISLAMABAD: The Supreme Court on Thursday summoned Prime Minister Yousaf Raza Gilani again for February 13 in the contempt of court case against him for not implementing the court’s December 16, 2009, order in the NRO case.
This was stated by a seven-member bench, headed by Justice Nasirul Mulk and comprising Justice Asif Saeed Khosa, Justice Sarmad Jalal Osmani, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed.
Justice Nasirul Mulk told the court there were grounds to proceed against Gilani over the government’s refusal to follow a court order and ask Swiss authorities to re-open corruption cases against President Asif Ali Zardari.
After hearing the arguments of Aitzaz Ahsan, counsel for the prime minister, the bench said, “After the preliminary hearing, we are satisfied that prima facie there is enough case for further proceeding. The case is adjourned until February 13 for framing charges and the prime minister is required to be present on the next date.”
During the hearing, the court asked the PM’s counsel, Aitzaz Ahsan, that all points in the December 16, 2009, judgement were clear, so why was the government still adamant not to implement it. Aitzaz contended that a question arises whether to send the prime minister to jail for not writing a letter to the Swiss authorities. He asked whether the court wanted to get its order implemented by arm-twisting and issuing contempt of court notices, adding that Prime Minister Yousaf Raza Gilani is being punished for not committing a crime. He further requested that the show-cause notice against the PM be discharged, adding that the PM only followed the law secretary’s advice, which was not a criminal act.
Justice Asif Saeed Khosa said, “If we accept your request to discharge the notice, then will the prime minister write the letter to Swiss authorities?” Aitzaz said he would never want the notice to the PM be discharged on the basis that the letter would be written.
Aitzaz said the PM had stated before the bench that he intended to write the letter, but had been advised against it. Justice Khosa asked him if he believed the PM had valid reasons not to write the letter as the president enjoyed immunity under Article 248. Aitzaz said the PM was advised that the court order could not be implemented due to a constitutional impediment. However, he said, if the court ordered then the government would write the letter to Swiss authorities. Justice Nasir said, “We have been ordering to write the letter, but orders have not been implemented in this regard.”
Aitzaz said former attorney general Chaudhry Farooq, in 1997, had written a letter to Swiss authorities under International Mutual Assistance, seeking details and certified evidence so that PPP leaders’ cases could be taken up in Pakistan. He said the Swiss officials sent 1,047 documents on the basis of which the leaders had been convicted by a high court, which was later set aside by the Supreme Court.
He also complained that media reports had already indicted the prime minister on the basis of the bench’s observations.
On the other hand, Aitzaz Ahsan said it was possible to appeal against the court order summoning the PM.
“He (Gilani) has been asked to be present in person on February 13 when he will be indicted,” he said. “There is a possibility for an appeal in this matter. It is up to the court whether to suspend this order or not. This will be decided after getting a copy of the order,” Aitzaz added.
The court adjourned the hearing until February 13. hasnaat malik/app
Courtesy www.dailytimes.com.pk