Caught between law and loyalty

[Baby Leone]

ISLAMABAD - The Supreme Court said on Thursday it would charge Prime Minister Yousuf Raza Gilani with contempt of court for refusing to write to Swiss authorities for reopening graft case against President Asif Ali Zardari.The contempt trial will be held on February 13. If convicted, Mr Gilani would face up to six months in jail and possible disqualification from public office.A seven-member bench headed by Justice Nasirul Mulk, after hearing the arguments of prime minister’s counsel Aitzaz Ahsan, said: “After the preliminary hearing we are satisfied that there is enough case for further proceeding. The case is adjourned till February 13 for framing the charges and the prime minister is required to be present on the next date.”A 17-member larger bench on December 16, 2009 passed a judgment on NRO, and in November 2011 dismissed the NRO review petition. Since 2009 the court has insisted that the government should write a letter to Switzerland for reopening a corruption case against President Zardari.During the proceedings, the court told Aitzaz Ahsan that all the points in the December 16, 2009 judgment were clear but still the government was not implementing it. Aitzaz contended that the question arises whether to send the prime minister to jail for not writing letter to Swiss authorities or not. He said whether the court wanted to implement its orders by arm-twisting and issuing contempt of court notices, adding that prime minister was being punished though he did not commit any crime. He only followed the advice of the law secretary, which was not a criminal act. He prayed that show cause against his client should be discharged.Aitzaz argued that three elected prime ministers Zulfikar Ali Bhutto, Nawaz Sharif and incumbent PM Yousuf Gilani were served contempt notices, but no notices were issued to the general who committed great contempt by detaining the judges, including Chief Justice Iftikhar Muhammad Chaudhry.Justice Asif Saeed Khan Khosa questioned, “If we accept your request to discharge the notice, will the prime minister write letter to the Swiss?” Aitzaz said he would never want that notice to PM is discharged on this basis that letter will be written. “You want to nail down the PM for refusing to write letter,” he asked. He said the PM had stated before the bench that he has all the intention to write the letter but no such advice has been given to him so far.Justice Gulzar Ahmed said there should not be defence for the sake of defence but “you have to satisfy the court on the bona fide” of the PM for not writing the letter.Justice Khosa asked the learned counsel if his stance is that PM had valid reasons to believe that letter should not be written because president has immunity under Article 248? Aitzaz replied that advice was tendered to the PM that the judgment could not be implemented due to constitutional impediment. However, he said if the court would order, the government will write to Swiss authorities. Upon that Justice Nasir said: “We have been requesting for the letter to be written, but this has not been implemented.”Aitzaz placed before the bench the summary, which the ex-law secretary Aqil Mirza had submitted to the prime minister in July 2010. Justice Nasirul Mulk said this summary was never produced before the court earlier. Aitzaz said the former law secretary had advised the PM in the summary that since cases against late Benazir Bhutto, Nusrat Bhutto, and Asif Ali Zardari stand disposed of and closed on merit therefore there was no need to write the letter to Swiss authorities for reopening the cases.Aitzaz said the mention of Article 248 is not a ground in the instant proceeding. The court observed that for not implementing the order two attorney generals and law secretary had to resign. The learned counsel said investigation and proceeding in Switzerland were closed due to lack of evidence.Justice Khosa said the letter written by Malik Qayyum, former AG, played a role in closing the cases. Aitzaz contended that inquiries and proceedings in Switzerland were closed not because of Malik Qayyum’s letter but due to lack of evidence. Justice Khosa remarked how the inquiry of money laundering cases could be completed by the Swiss authorities without Pakistan’s assistance? Therefore, the letter played a major part, he added.Aitzaz said in 1997, ex-AG Chaudhry Farooq wrote a letter to Swiss authorities under International Mutual Assistance seeking detailed and certified evidence so that PPP leaders’ cases could be tried in Pakistan. He said the Swiss officials sent 1,047 documents and on that basis they were convicted by the High Court, but that decision was later set aside by the Supreme Court.The court observed the government was not writing to the Swiss because if the accused are convicted, the money would be transferred to Pakistan.Aitzaz Ahsan said that some newspapers had already reported indictment of the PM though no such order had been passed. Justice Khosa said when the prime minister could not understand the legal points how could the media understand the legality of the case. The hearing was adjourned until February 13.Agencies add: Meanwhile, Aitzaz Ahsan has said that the premier can continue to hold the office despite the Supreme Court’s ruling to frame charges of contempt of court against him.Talking to media after the short Supreme Court order by a larger bench on Thursday, the PM’s counsel said the government could file an intra-court appeal. “I will suggest to my client to file an appeal against this order.”Aitzaz said he wanted the democracy to flourish in the country and an end of tension between the institutions. He pointed out that unfortunately contempt charges had so far been levelled against four sitting prime ministers. He said it was not appropriate to hold civilian prime ministers as contemnor and the court should also hold the generals responsible for contempt, who not only dismissed the judges but also arrested them along with their children.He said he did not want any reversal of democracy, as the Parliament was the supreme institution in democracy, making all the others subservient to it. “The court has decided to bring charges against Prime Minister Gilani. He has been asked to be present in person on February 13 when he will be indicted,” Aitzaz told reporters.“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,” the noted lawyer added.He said he had appeared in the court not for Zardari or Gilani but for the supremacy of law and the constitution.Aitzaz warned that there was a tension between institutions, with a danger that the third party could take advantage of it. He said former law secretary (r) Aqil Mirza had advised the prime minister that Swiss cases had ended and it was not appropriate to write any letter. Similar was the viewpoint of former attorney general Anwar Mansoor.He further said Masood Chishti and former law minister had also given similar advice to the prime minister, who adopted his course of action on the basis of these advices.He said in the contempt case against the prime minister, he presented the same view point and it was enough.The prominent lawyer said the prime minister appeared before the Supreme Court and bowed before it.

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Caught between law and loyalty | The Nation

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A very good example for south asian countries & other developing countries, even the PM is not above law, Pakistani PM is going to courts for hearings.......

 

[cheekybird]

Nothings gonna happen,aitzaz ahsan is going to drag it as much as possible,in a recent talkshow the host asked aitzaz,can we expect a decision on pm gilani within few weeks,aitzaz reply was ,it may take months,so...

 

[Guvera]

it took supreme court 2 years to indict gilani now u can imagine how long will take to convict him.