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Wednesday, February 29, 2012

Contempt of court case against PM

SC summons Nargis Sethi as witness

* Court allows Aitzaz to submit summaries of May 21, 2010, and Sept 21, 2010, along with PM’s orders
* Aitzaz argues PM only acted on Law Ministry’s advice

By Hasnaat Malik

ISLAMABAD: The Supreme Court on Tuesday permitted Aitzaz Ahsan to produce former principal secretary Nargis Sethi as a defence witness in the contempt of court case against Prime Minister Yousaf Raza Gilani for not complying with the court’s December 16, 2009, order in the National Reconciliation Ordinance case.
The court also allowed the PM’s counsel to submit summaries of May 21, 2010, and September 21, 2010, along with the orders passed by the premier in response to the court’s verdicts about reopening of Swiss cases against the president.
A seven-member bench of the apex court, headed by Justice Nasirul Mulk disposing of the application, adjourned the hearing until March 7 for recording of Nargis Sethi’s statement.
Aitzaz argued that the PM had not willfully flouted, disobeyed and disregarded the court orders, adding that he only acted on the Law Ministry’s advice in accordance with the Rules of Business, which were constitutionally binding on him by the court’s order. He said PM Gilani had acted on the experts’ advice, and, acting on the advice of the law secretary, passed an order to bring it to the notice of the apex court.
Aitzaz said the court’s orders in the NRO implementation case had been passed against the federation and the federation does not mean the prime minister, but also includes the minister and the secretary. The prime minister’s name appeared only last year.
Aitzaz also said that under Article 187 (1) of the constitution and Order 33 Rule 6 of the Supreme Court Rules the court has inherent power to summon anyone or ask anyone to produce any document.
Justice Nasirul Mulk inquired from the counsel as to how he was asking the court to summon the witnesses and the two documents. “My defence lies in the summaries and the witnesses,” Aitzaz said. The court asked the counsel to produce the witnesses and documents himself.
Former law minister Babar Awan and current Law Secretary Pir Masood Chishti have refused to appear as witnesses in the case, while Aitzaz contended that he could not force the two to appear.
“We are still unable to understand what is your defence,” Justice Mulk asked the counsel. Aitzaz submitted that his client had not committed any contempt of court and was issued a notice for not implementing the NRO orders.
Justice Mulk also observed that the court could summon more witnesses if required. He further observed that the witnesses should appear from defence side as the PM had acted upon their advice.

Courtesy www.dailytimes.com.pk

 

 

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