News
Saturday, February 11, 2012
We are sorry, Aitzaz: CJPPM in trouble
* Supreme Court throws out Gilani’s appeal in contempt case
* Orders him to appear in court on Monday to be indicted
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Friday rejected the intra-court appeal (ICA) of Prime Minister Yousaf Raza Gilani against the February 2 order making way for framing of charges against him for not implementing the court’s December 16, 2009, judgement on National Reconciliation Ordinance (NRO).
An eight-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry said in its order, “In accordance with the provision of 17 (3) of the Contempt Ordinance 2003 following the settled principle of criminal justice no interference is called for and thus the appeal is dismissed.” The last words of the chief justice while announcing the verdict were, “We are sorry, Aitzaz.”
Following this development, the prime minister will now appear before the seven-member bench on February 13, which will frame contempt charges against him. During the hearing, the chief justice said that no one wanted unrest in the country and the court was exercising restraint. He, however, added, “The court can go to any extent to implement its verdict.” The CJ asked Aitzaz Ahsan to inform the prime minister that defiance of court order was not in the interests of the country.
The chief justice asked Aitzaz to call the prime minister and ask him if he was willing to write a letter to Swiss authorities to reopen money-laundering cases against President Asif Ali Zardari; however, the counsel replied that he was not mandated to do that. While noting that the court did not want to convict the premier, Justice Saqib Nisar said the court was expecting the prime minister to write the letter.
At the outset of proceedings, Aitzaz contended that the February 2 order was patently short of reasons and was presumptive, and under these circumstances it was not competent because principles of natural justice required reasons, whereas Section 17 (iii) of the Contempt of Ordinance required satisfaction and criteria for the interest of justice, adding that Section 19 of the ordinance provided statutory right of appeal, therefore, the PCO judges’ case reported in SC PLD 2011, provided best guidance to all courts at every level during the cases moved under this law, and in preliminary hearing it must encompass inquiry of thorough aspects of any case.
Terming the January 16 order “coercive”, Aitzaz said his client, in response to the court’s summoning, appeared in person in complete submission and in deference to the court. He said his client had acted upon the advice given to him, which was based upon the opinion of former authorities concerned, and that he did not act in contumacious manner, rather in accordance with constitutional Rules of Business which had been held binding and mandatory by this court. Aitzaz stated that his client held the court in the highest esteem and respect, therefore, the notice may be discharged and withdrawn.
A show-cause notice was issued to Gilani on January 16 for not implementing the court’s December 16, 2009, judgement on NRO, but no reply was filed by the prime minister, on which he was summoned by the court. Gilani appeared before a seven-member headed by Justice Nasirul Mulk and stated that compliance of para 178 of the NRO judgement was not presently possible as the president was entitled to immunity from prosecution under Article 248.
Courtesy www.dailytimes.com.pk