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Gilani’s fate to be decided tomorrow
Sohail Khan
Wednesday, April 25, 2012
ISLAMABAD: The mega legal drama entered its final act on Tuesday when the Supreme Court reserved its judgment in the contempt of court case against Prime Minister Syed Yusuf Raza Gilani and summoned the premier tomorrow (Thursday) for announcing the verdict.
A seven-member bench of the apex court, headed by Justice Nasirul Mulk, while hearing the case reserved the judgment and ruled that the verdict will be announced tomorrow (Thursday).
Attorney General Irfan Qadir, who is the prosecutor in the instant case, while arguing before the court, termed the charge sheet against the premier baseless and contended that the court could not ask the premier directly to write the letter to the Swiss authorities.
He further contended that there was no proof of contempt against the prime minister, adding that no law exists in the country under which premier Gilani could be served with a contempt notice.
Irfan Qadir further contended that the Swiss cases, earlier closed, cannot be reopened by writing a letter. He argued that Contempt of Court Ordinance 2003 was not approved by parliament. He said the SC bench hearing the case should refer the matter to the chief justice so that he could form a 17-member larger bench on the matter.
Justice Asif Saeed Khosa, however, reminded the attorney general that under the said ordinance, the court had given several judgments.
Justice Sarmad Jalal Osmany asked the AG as to whether those judgments, given under the contempt ordinance, were wrong. The AG said the court was wrongly assisted in those judgments.
Justice Khosa observed that even if there is no law available, article 204 is there. He further said that the Contempt of Court Ordinance 2003 was given protection under article 270.Irfan Qadir stressed upon the court to show restraint and save the institutions from collision. He contended that it was his utmost responsibility to save the institutions.
During the course of the hearing when Irfan Qadir repeatedly argued that the closed Swiss cases couldn't be reopened, Justice Khosa said cases were closed after Malik Qayyum, former Attorney General, wrote the letter to Swiss authorities.
Irfan Qadir contended that the court has taken over all the matters of NAB into its hands, adding that the court should know well that NAB has a right of appeal too. He contended that when Malik Qayyum wrote the letter at that time NRO was enforced, adding that the present case is based upon the matters of Malik Qayyum.
The AG further contended that the court had not asked directly for writing letter to Swiss authorities. He said under article 248, the prime minister has also got immunity from appearing before the court.
At one point, Justice Khosa reminded the AG that all the aspects have been closed after the review judgment. Irfan Qadir said that review is not the issue here but the contempt. "We should together work not only for Pakistan but for the judiciary as well," he said, adding that the court should apply judicial restraint and withdraw the case against Premier Gilani."We need to move forward for national reconciliation to save the institutions of the country", he said. The AG read out paras 177, 178 and 179 of the NRO judgment.
Justice Osmany, however, told the AG that they wanted to get back the Swiss money belonging to the people of this country. "The money belongs to you, to me and our children, don't you want that the money which could be utilised for constructing schools, colleges and hospitals for the welfare of this country," Justice Osmany asked the AG. The AG said they want to implement the court's order. "Then why don't you write the letter?" Justice Osmany asked AG.
When AG begin to read para 179 of NRO judgment, Justice Nasirul Mulk asked the AG to ignore that as it is not related to the present proceedings.When Justice Nasirul Mulk reminded the AG that the government claims to have implemented court order except 178 of NRO judgment, Irfan Qadir said that the government told a lie before the court, adding that he will tell the court the stage where the government told a lie.
During the hearing, Irfan Qadir also told the court that being a sub judice matter, Justice (R) Khalilur Rehman Ramday spoke on TV regarding the issue. Justice Osmany said that Justice Ramday gave interview after his retirement. He asked the AG that he too can give interview to TV channels. Irfan Qadir replied that he used to stay away from media.
At one point Justice Khosa observed that they were not fond of serving contempt of court notice on anyone but were only interested in implementation of their orders. Later on, Barrister Aitzaz Ahsan, counsel for the premier in the contempt case, in his rebuttal submitted before the court stated that some confusion has arisen while the court has taken up both the criminal case as well as implementation case.
He submitted that the court's verdict should be implemented in letter and spirit, however, the court should not stress on writing a letter to the Swiss authorities as by writing a letter, the federation would be affected.
He contended that being the head of the state and supreme commander of the armed forces, President Asif Ali Zardari has got immunity under the international law from the jurisdiction of all the domestic courts world over in the criminal and civil matters. Hence, he submitted that the court should not insist on writing a letter to Swiss authorities as long as Asif Ali Zardari is President of Pakistan.
He requested the court to acquit the premier in contempt case.Later, talking to reporters outside the court, Aitzaz said if Gilani is convicted, he could face imprisonment of six months. However, he said the premier could even be acquitted in the case.
Referring to writing letter to Swiss authorities, Aitzaz said the letter could be written but not at this stage as the president enjoyed complete immunity under the international law from the jurisdiction of all the domestic courts worldwide.
Online adds: Aitzaz said he anticipates justice rather than favour from the Supreme Court. He said in criminal proceeding "every benefit of doubt goes to the accused.""Since the honourable judges, hearing the contempt case, are also sitting in the original bench of NRO implementation, the question of jurisdiction arises," he said referring to the maxim of "no body can sit as a judge for his own cause."
Responding the question of his perceived acquaintance with Chief Justice Iftikhar Muhammad Chaudhry, Aitzaz said, "I stand by everyone who is in need. I must mention here that it was only because of Justice Iftikhar's resistance to former dictator General (R) Musharraf that we are having democracy now in the country," he maintained. Thus, he added, he anticipates justice from the court as against anything else.
Sohail Khan
Wednesday, April 25, 2012
ISLAMABAD: The mega legal drama entered its final act on Tuesday when the Supreme Court reserved its judgment in the contempt of court case against Prime Minister Syed Yusuf Raza Gilani and summoned the premier tomorrow (Thursday) for announcing the verdict.
A seven-member bench of the apex court, headed by Justice Nasirul Mulk, while hearing the case reserved the judgment and ruled that the verdict will be announced tomorrow (Thursday).
Attorney General Irfan Qadir, who is the prosecutor in the instant case, while arguing before the court, termed the charge sheet against the premier baseless and contended that the court could not ask the premier directly to write the letter to the Swiss authorities.
He further contended that there was no proof of contempt against the prime minister, adding that no law exists in the country under which premier Gilani could be served with a contempt notice.
Irfan Qadir further contended that the Swiss cases, earlier closed, cannot be reopened by writing a letter. He argued that Contempt of Court Ordinance 2003 was not approved by parliament. He said the SC bench hearing the case should refer the matter to the chief justice so that he could form a 17-member larger bench on the matter.
Justice Asif Saeed Khosa, however, reminded the attorney general that under the said ordinance, the court had given several judgments.
Justice Sarmad Jalal Osmany asked the AG as to whether those judgments, given under the contempt ordinance, were wrong. The AG said the court was wrongly assisted in those judgments.
Justice Khosa observed that even if there is no law available, article 204 is there. He further said that the Contempt of Court Ordinance 2003 was given protection under article 270.Irfan Qadir stressed upon the court to show restraint and save the institutions from collision. He contended that it was his utmost responsibility to save the institutions.
During the course of the hearing when Irfan Qadir repeatedly argued that the closed Swiss cases couldn't be reopened, Justice Khosa said cases were closed after Malik Qayyum, former Attorney General, wrote the letter to Swiss authorities.
Irfan Qadir contended that the court has taken over all the matters of NAB into its hands, adding that the court should know well that NAB has a right of appeal too. He contended that when Malik Qayyum wrote the letter at that time NRO was enforced, adding that the present case is based upon the matters of Malik Qayyum.
The AG further contended that the court had not asked directly for writing letter to Swiss authorities. He said under article 248, the prime minister has also got immunity from appearing before the court.
At one point, Justice Khosa reminded the AG that all the aspects have been closed after the review judgment. Irfan Qadir said that review is not the issue here but the contempt. "We should together work not only for Pakistan but for the judiciary as well," he said, adding that the court should apply judicial restraint and withdraw the case against Premier Gilani."We need to move forward for national reconciliation to save the institutions of the country", he said. The AG read out paras 177, 178 and 179 of the NRO judgment.
Justice Osmany, however, told the AG that they wanted to get back the Swiss money belonging to the people of this country. "The money belongs to you, to me and our children, don't you want that the money which could be utilised for constructing schools, colleges and hospitals for the welfare of this country," Justice Osmany asked the AG. The AG said they want to implement the court's order. "Then why don't you write the letter?" Justice Osmany asked AG.
When AG begin to read para 179 of NRO judgment, Justice Nasirul Mulk asked the AG to ignore that as it is not related to the present proceedings.When Justice Nasirul Mulk reminded the AG that the government claims to have implemented court order except 178 of NRO judgment, Irfan Qadir said that the government told a lie before the court, adding that he will tell the court the stage where the government told a lie.
During the hearing, Irfan Qadir also told the court that being a sub judice matter, Justice (R) Khalilur Rehman Ramday spoke on TV regarding the issue. Justice Osmany said that Justice Ramday gave interview after his retirement. He asked the AG that he too can give interview to TV channels. Irfan Qadir replied that he used to stay away from media.
At one point Justice Khosa observed that they were not fond of serving contempt of court notice on anyone but were only interested in implementation of their orders. Later on, Barrister Aitzaz Ahsan, counsel for the premier in the contempt case, in his rebuttal submitted before the court stated that some confusion has arisen while the court has taken up both the criminal case as well as implementation case.
He submitted that the court's verdict should be implemented in letter and spirit, however, the court should not stress on writing a letter to the Swiss authorities as by writing a letter, the federation would be affected.
He contended that being the head of the state and supreme commander of the armed forces, President Asif Ali Zardari has got immunity under the international law from the jurisdiction of all the domestic courts world over in the criminal and civil matters. Hence, he submitted that the court should not insist on writing a letter to Swiss authorities as long as Asif Ali Zardari is President of Pakistan.
He requested the court to acquit the premier in contempt case.Later, talking to reporters outside the court, Aitzaz said if Gilani is convicted, he could face imprisonment of six months. However, he said the premier could even be acquitted in the case.
Referring to writing letter to Swiss authorities, Aitzaz said the letter could be written but not at this stage as the president enjoyed complete immunity under the international law from the jurisdiction of all the domestic courts worldwide.
Online adds: Aitzaz said he anticipates justice rather than favour from the Supreme Court. He said in criminal proceeding "every benefit of doubt goes to the accused.""Since the honourable judges, hearing the contempt case, are also sitting in the original bench of NRO implementation, the question of jurisdiction arises," he said referring to the maxim of "no body can sit as a judge for his own cause."
Responding the question of his perceived acquaintance with Chief Justice Iftikhar Muhammad Chaudhry, Aitzaz said, "I stand by everyone who is in need. I must mention here that it was only because of Justice Iftikhar's resistance to former dictator General (R) Musharraf that we are having democracy now in the country," he maintained. Thus, he added, he anticipates justice from the court as against anything else.
