Devil Soul
ELITE MEMBER
- Joined
- Jun 28, 2010
- Messages
- 22,931
- Reaction score
- 45
- Country
- Location
PM contempt: SC issues detailed order
By Web Desk / PPI
Published: May 8, 2012
Prime Minister Yousaf Raza Gilani (C) is escorted by security as he waves upon his arrival at the Supreme Court building in Islamabad on April 26, 2012. PHOTO: AFP/FILE
ISLAMABAD: The Supreme Court of Pakistan has issued a detailed order in the contempt case against Prime Minister Yousaf Raza Gilani.
The detailed order can be read here.
The order has been compiled by Justice Nasirul Mulk and a six-page additional note has been written by Justice Asif Saeed Khosa.
The detailed verdict came out on the day when Gilani left for the UK on an official trip to participate in the Enhanced Strategic Dialogue with the British leadership with only 12 members entourage.
The document consists of statements presented in different phases of the case by Gilanis counsel Aitzaz Ahsan and the attorney general of Pakistan.
Article 204(2) provides sufficient coverage
In the detailed verdict, the court clarified that:
The said Ordinance V of 2003 derives its authority from Article 204(3) of the Constitution, Article 204(2) of the Constitution itself empowers this Court to punish a person for committing Contempt of Court and the above mentioned words used in the Charge framed against the accused also stand sufficiently covered by the provisions of Article 204(2) of the Constitution.
Grave offence
The court further clarified that Prime Minister Gilanis contempt was considered a grave offence:
These provisions of the Contempt of Court Ordinance clearly show that despite his culpability having been established, a Court seized of a matter of contempt is not to hold the offender guilty or punish him for every trivial contempt committed and it is only a grave contempt having the effects mentioned in Section 18(1) that may be visited with a finding of guilt or punishment.
We are, therefore, fully satisfied that such clear and persistent defiance at such a high level constitutes contempt which is substantially detrimental to the administration of justice and tends not only to bring this Court but also brings the judiciary of this country into ridicule.
Setting an example
The Supreme Court also said that not charging the prime minister for contempt would leave the judiciary open to others following his example:
After all, if orders or directions of the highest court of the country are defied by the highest Executive of the country then others in the country may also feel tempted to follow the example leading to a collapse or paralysis of administration of justice besides creating an atmosphere wherein judicial authority and verdicts are laughed at and ridiculed.
Case background
The Supreme Court had convicted Gilani on April 26, 2012. If the conviction was historic, the sentence was largely symbolic detaining the prime minister in courtroom number 4 till the rising of the court or about 37 seconds to be precise.
Gilani was held in contempt by the Supreme Court for his refusal to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari.
A seven-member bench headed by Justice Nasirul Mulk had announced the verdict and convicted him for violating Contempt of Court Ordinance 2003 section 5 and the charges framed against him were for willfully disobeying the courts orders and ridiculing it.
Appeal
Gilani can appeal against the verdict within a period of 30 days, a deadline which had started when the short order was announced.
A new bench will be constituted to hear the appeal.
Disqualification?
As stated in the short order released earlier by the Supreme Court, Gilani may be disqualified from parliament:
It may not be lost sight of that, apart from the other consequences, by virtue of the provisions of clauses (g) and (h) of Article 63(1) read with Article 113 of the Constitution a possible conviction on such a charge may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly for at least a period of five years.
Anyone who flouts Article 63(1)(g) gets disqualified for a period of five years, said Justice (retd) Shaiq Usmani while talking to Express News.
PM contempt: 'For whom the bell tolls, it tolls for thee'
By Shaheryar Popalzai
Published: May 8, 2012
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
This is part of a long addition Justice Asif Saeed Khan Khosa made to Khalil Gibrans Pity the Nation in a six page additional note that was released with the detailed verdict in Prime Minister Yousaf Raza Gilanis contempt case.
Justice Khosa, who was part of the seven-member bench that had announced the verdict, says that he is in respectful agreement with the proposed judgement authored by Justice Nasirul Mulk.
In a six page addition that he makes to the 77 page detailed verdict, Justice Khosa quotes Khalil Gibran and with an apology makes a 321 word addition to Pity the Nation.
He says that Gilanis conduct in the case is indicative of a bigger malady, one which if not checked or cured may overwhelm or engulf all of us as a nation.
Justice Khosa then goes on to quote an extract from For Whom the Bell Tolls by John Donne
Each mans death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.
Power to the people
Justice Khosa said the ultimate ownership and power of the Constitution, all organs and institutions created under it lies with the people, going on to quote the preamble of the 1973 Constitution:
We, the people of Pakistan - Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.
Justice Khosa said that the power to punish a person for contempt of court is also with the people, and through the Constitution they have entrusted or delegated this power to the courts.
Emphasising on the power held by the people, Justice Khosa said that in a situation where the executive is bent on defying a judicial verdict and is ready to go to any limit in defiance, it is the responsibility of the people to stand up and defend the Constitution and all organs and institutions to deal with the delinquent appropriately.
It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten.
Justice Khosa further cites the example of former president Pervez Musharraf to talk about the power held by the people. He says that Chief Justice Iftikhar Muhammad Chaudhry had refused to obey unconstitutional dictates of Musharraf, who had held quite a few divisions. But it was the chief justice who had emerged victorious with the help of the people.
I am not too sure as to how many divisions would a population of over 180 million make!
Collective damnation
Bleak words end the six page additional note. In the conviction of Gilani, says Justice Khosa, lies our collective damnation.
He said Justice Mulks order is a step in the right direction as, It kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.
The full version of Justice Khosas addition to Pity the Nation is below:
Pity the nation that achieves nationhood in the name of a religion
but pays little heed to truth, righteousness and accountability
which are the essence of every religion.
Pity the nation that proclaims democracy as its polity
but restricts it to queuing up for casting of ballots only
and discourages democratic values.
Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness
and that deems a sage a fool and venerates the wicked.
Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.
Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.
Pity the nation whose leaders seek martyrdom
through disobeying the law
than giving sacrifices for the glory of law
and who see no shame in crime.
Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.
Pity the nation that launches a movement for rule of law
but cries foul when the law is applied against its bigwig,
that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.
Pity the nation that punishes its weak and poor
but is shy of bringing its high and mighty to book.
Pity the nation that clamours for equality before law
but has selective justice close to its heart.
Pity the nation that thinks from its heart
and not from its head.
Indeed, pity the nation
that does not discern villainy from nobility.
By Web Desk / PPI
Published: May 8, 2012
Prime Minister Yousaf Raza Gilani (C) is escorted by security as he waves upon his arrival at the Supreme Court building in Islamabad on April 26, 2012. PHOTO: AFP/FILE
ISLAMABAD: The Supreme Court of Pakistan has issued a detailed order in the contempt case against Prime Minister Yousaf Raza Gilani.
The detailed order can be read here.
The order has been compiled by Justice Nasirul Mulk and a six-page additional note has been written by Justice Asif Saeed Khosa.
The detailed verdict came out on the day when Gilani left for the UK on an official trip to participate in the Enhanced Strategic Dialogue with the British leadership with only 12 members entourage.
The document consists of statements presented in different phases of the case by Gilanis counsel Aitzaz Ahsan and the attorney general of Pakistan.
Article 204(2) provides sufficient coverage
In the detailed verdict, the court clarified that:
The said Ordinance V of 2003 derives its authority from Article 204(3) of the Constitution, Article 204(2) of the Constitution itself empowers this Court to punish a person for committing Contempt of Court and the above mentioned words used in the Charge framed against the accused also stand sufficiently covered by the provisions of Article 204(2) of the Constitution.
Grave offence
The court further clarified that Prime Minister Gilanis contempt was considered a grave offence:
These provisions of the Contempt of Court Ordinance clearly show that despite his culpability having been established, a Court seized of a matter of contempt is not to hold the offender guilty or punish him for every trivial contempt committed and it is only a grave contempt having the effects mentioned in Section 18(1) that may be visited with a finding of guilt or punishment.
We are, therefore, fully satisfied that such clear and persistent defiance at such a high level constitutes contempt which is substantially detrimental to the administration of justice and tends not only to bring this Court but also brings the judiciary of this country into ridicule.
Setting an example
The Supreme Court also said that not charging the prime minister for contempt would leave the judiciary open to others following his example:
After all, if orders or directions of the highest court of the country are defied by the highest Executive of the country then others in the country may also feel tempted to follow the example leading to a collapse or paralysis of administration of justice besides creating an atmosphere wherein judicial authority and verdicts are laughed at and ridiculed.
Case background
The Supreme Court had convicted Gilani on April 26, 2012. If the conviction was historic, the sentence was largely symbolic detaining the prime minister in courtroom number 4 till the rising of the court or about 37 seconds to be precise.
Gilani was held in contempt by the Supreme Court for his refusal to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari.
A seven-member bench headed by Justice Nasirul Mulk had announced the verdict and convicted him for violating Contempt of Court Ordinance 2003 section 5 and the charges framed against him were for willfully disobeying the courts orders and ridiculing it.
Appeal
Gilani can appeal against the verdict within a period of 30 days, a deadline which had started when the short order was announced.
A new bench will be constituted to hear the appeal.
Disqualification?
As stated in the short order released earlier by the Supreme Court, Gilani may be disqualified from parliament:
It may not be lost sight of that, apart from the other consequences, by virtue of the provisions of clauses (g) and (h) of Article 63(1) read with Article 113 of the Constitution a possible conviction on such a charge may entail a disqualification from being elected or chosen as, and from being, a member of Majlis-e-Shoora (Parliament) or a Provincial Assembly for at least a period of five years.
Anyone who flouts Article 63(1)(g) gets disqualified for a period of five years, said Justice (retd) Shaiq Usmani while talking to Express News.
PM contempt: 'For whom the bell tolls, it tolls for thee'
By Shaheryar Popalzai
Published: May 8, 2012
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
This is part of a long addition Justice Asif Saeed Khan Khosa made to Khalil Gibrans Pity the Nation in a six page additional note that was released with the detailed verdict in Prime Minister Yousaf Raza Gilanis contempt case.
Justice Khosa, who was part of the seven-member bench that had announced the verdict, says that he is in respectful agreement with the proposed judgement authored by Justice Nasirul Mulk.
In a six page addition that he makes to the 77 page detailed verdict, Justice Khosa quotes Khalil Gibran and with an apology makes a 321 word addition to Pity the Nation.
He says that Gilanis conduct in the case is indicative of a bigger malady, one which if not checked or cured may overwhelm or engulf all of us as a nation.
Justice Khosa then goes on to quote an extract from For Whom the Bell Tolls by John Donne
Each mans death diminishes me,
For I am involved in mankind.
Therefore, send not to know
For whom the bell tolls,
It tolls for thee.
Power to the people
Justice Khosa said the ultimate ownership and power of the Constitution, all organs and institutions created under it lies with the people, going on to quote the preamble of the 1973 Constitution:
We, the people of Pakistan - Do hereby, through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.
Justice Khosa said that the power to punish a person for contempt of court is also with the people, and through the Constitution they have entrusted or delegated this power to the courts.
Emphasising on the power held by the people, Justice Khosa said that in a situation where the executive is bent on defying a judicial verdict and is ready to go to any limit in defiance, it is the responsibility of the people to stand up and defend the Constitution and all organs and institutions to deal with the delinquent appropriately.
It shall simply be naïve to underestimate the power of the people in matters concerning enforcement of their will. The recent phenomenon known as the Arab Spring is too fresh to be ignored or forgotten.
Justice Khosa further cites the example of former president Pervez Musharraf to talk about the power held by the people. He says that Chief Justice Iftikhar Muhammad Chaudhry had refused to obey unconstitutional dictates of Musharraf, who had held quite a few divisions. But it was the chief justice who had emerged victorious with the help of the people.
I am not too sure as to how many divisions would a population of over 180 million make!
Collective damnation
Bleak words end the six page additional note. In the conviction of Gilani, says Justice Khosa, lies our collective damnation.
He said Justice Mulks order is a step in the right direction as, It kindles a flame of hope for a future for our nation which may establish a just and fair order, an order wherein the law rules and all citizens are equal before the law.
The full version of Justice Khosas addition to Pity the Nation is below:
Pity the nation that achieves nationhood in the name of a religion
but pays little heed to truth, righteousness and accountability
which are the essence of every religion.
Pity the nation that proclaims democracy as its polity
but restricts it to queuing up for casting of ballots only
and discourages democratic values.
Pity the nation that measures honour with success
and respect with authority,
that despises sublime and cherishes mundane,
that treats a criminal as a hero and considers civility as weakness
and that deems a sage a fool and venerates the wicked.
Pity the nation that adopts a Constitution
but allows political interests to outweigh constitutional diktat.
Pity the nation that demands justice for all
but is agitated when justice hurts its political loyalty.
Pity the nation whose servants treat their solemn oaths
as nothing more than a formality before entering upon an office.
Pity the nation that elects a leader as a redeemer
but expects him to bend every law to favour his benefactors.
Pity the nation whose leaders seek martyrdom
through disobeying the law
than giving sacrifices for the glory of law
and who see no shame in crime.
Pity the nation that is led by those
who laugh at the law
little realizing that the law shall have the last laugh.
Pity the nation that launches a movement for rule of law
but cries foul when the law is applied against its bigwig,
that reads judicial verdicts through political glasses
and that permits skills of advocacy to be practised
more vigorously outside the courtroom than inside.
Pity the nation that punishes its weak and poor
but is shy of bringing its high and mighty to book.
Pity the nation that clamours for equality before law
but has selective justice close to its heart.
Pity the nation that thinks from its heart
and not from its head.
Indeed, pity the nation
that does not discern villainy from nobility.
