News
Friday, February 10, 2012
Write letter and walk free, SC tells Gilani* CJP says prime minister should rise above party affiliation
* Aitzaz declines SC’s offer; says he wants decision of his appeal on merits
* Court expresses displeasure over derogatory language used against judiciary in PM’s appeal
By Hasnaat Malik
ISLAMABAD: The Supreme Court promised on Thursday that it would drop contempt charges against Prime Minister Yousaf Raza Gilani if he obeyed an order by writing a letter to the Swiss authorities to re-open corruption cases against President Asif Ali Zardari.
However, Aitzaz Ahsan, the counsel for the prime minister, declined to accept the offer and decided to plead the case and wanted the decision of his appeal on merits.
He said that the court should hear his appeal by detaching it from the main judgement on the National Reconciliation Ordinance (NRO). He said if he was granted enough time, he would succeed in persuading the bench that the para number 178 in NRO judgement was not implementable.
An eight-member bench of the apex court headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry is hearing the Intra-Court Appeal (ICA) against the February 2 order, wherein the court decided to frame contempt of court charges against the prime minister, directed the counsel to conclude his arguments until 10:30am today (Friday).
At the outset of court’s proceedings, the court expressed its displeasure over the questions of law, 45, 51 and 52 in the prime minister’s appeal, in which derogatory language was used against the judiciary.
The court noted that the questions were phrased in a manner which should not have been recorded by the appellant who is the incumbent prime minister and is supposed to possess highest moral values being the constitutional head, and the impression is being created as if the judiciary as a whole is being influenced on account of alleged favourable actions done by him for its members by performing the acts noted therein. Therefore, it is tantamount not to embarrass the court, but the appellant himself as he ought not to have claimed relief or presumed that some relief should be given to him for such action.
The counsel appearing on his behalf, however, stated that these questions were framed with a view to show respect and deference to the judiciary and in no manner it should be considered that perhaps the judiciary was being influenced for any purpose. However, under instructions received from the AOR of the appellant, he stated those questions be deleted from the pleadings. On his request, the court deleted those questions from the pleadings.
The CJP said the appeal not only carried some unbecoming questions about the judges, but also against their children. “Should we give relief to your client on these grounds,” he said.
Meanwhile, Aitzaz Ahsan emphasised that the court should not make it a matter of ego as the the prime minister only acted on the advice given to him by Law Secretary Aqil Mirza and the attorney general of Pakistan. They had advised his client that as the proceedings and inquiries against President Asif Ali Zardari, late Benazir Bhutto and Nusrat Bhutto have been closed in Switzerland, therefore, there was no need to write a letter to the Swiss authorities for reviving their cases. He also said that PM had directed the Law Ministry to inform the court about the legal position of the Swiss cases, which showed his good intention but the court had not taken up the matter more then one year after October 2010.
The court noted that President Asif Ali Zardari in an interview to an anchorperson of a private channel stated that the letter to Swiss authorities would not be written.
The court observed that it was not happy by punishing the PM in the contempt of court case. “Tell your client not to ridicule the judiciary too much,” the CJP said, adding that the PM being the chief executive of the country should not hesitate in bringing back the money wherever it was lying all over the world.
Aitzaz said that the money could be brought back from the Switzerland after the conviction.
The chief justice said that a huge amount of nation was lying in Swiss banks. Gilani is representative of 180 million people of Pakistan and he was elected without any opposition, he said, adding that the prime minister should rise above the party affiliation.
Courtesy www.dailytimes.com.pk