Published: April 24, 2012
AG says certain sections of media reporting against him, trying to create pressure in the case. PHOTO: AFP/FILE
ISLAMABAD: Presenting his arguments against Prime Minister Yousaf Raza Gilani in the contempt case, Attorney General of Pakistan Irfan Qadir said on Tuesday that there is no contempt of court law present in Pakistan.
Speaking before a seven-member bench, headed by Justice Nasirul Mulk, Qadir said that a section of the media was reporting against him, alleging that he had sided with the premier’s counsel, Aitzaz Ahsan and was trying to bail out Gilani.
The AG gave the reference of Section 8 (2) and said that the court can release orders to stop such reporting.
He also informed the bench that some reports had mentioned Chief Justice Iftikhar Muhammad Chaudhry saying that “robbers have been made ministers”, and said that such a statement cannot be attributed to the chief justice.
Qadir said that such media reports were creating pressure in the case and were trying to influence the court proceedings.
Justice Sarmad Jalal Usmani questioned the AG if he thought that the court was being influenced, who replied that even if the court wasn’t getting influenced, he found the statements offensive and prayed to the court to take action against them.
He said that since he has been made a prosecutor in the case, he will present his arguments independently, without getting influenced from anyone.
Justice Mulk asked him to provide the copies of the United Nations guidelines that he was reading from. The AG said that he did not get time, otherwise he would have provided copies to the court.
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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.
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PPP’s plans: Despite conviction, Gilani will continue as premier – Dr Asim is likely backup
By Abdul Manan
Published: April 25, 2012
PPP members are calculating each and every move they might have to take if the Supreme court goes ahead and convicts the PM.
LAHORE:
The Pakistan Peoples Party (PPP) has held exhaustive discussions on the possible outcomes and how exactly they will deal with each scenario emerging in the aftermath of the Supreme Court’s decision in the contempt case against the prime minister.
There is one similarity between all its strategies, sources told The Express Tribune: Yousaf Raza Gilani will remain prime minister for at least five more months – come what may.
According to sources, the top leadership of the PPP has been briefed by the prime minister’s legal team.
If convicted, the premier may be given up to a six-month sentence, but may also be sentenced “till the rise of the court” – that is, no actual jail time, the legal team told the PPP leadership.
Whatever the sentence may be, Prime Minster Gilani will not seek pardon from President Asif Ali Zardari – who can, under Article 45, can waive a sentence.
Even in a situation whereby the sentence is six months, the interior minister will immediately declare the Prime Minister House a sub-jail – and Gilani will go directly there.
Indeed, according to sources, it isn’t the sentencing that worries the PPP – it is his status as prime minister following a conviction.
Fawad Chaudhry, while talking with The Express Tribune, said that, constitutionally, the prime minister can be removed from his office in three ways: resignation, a vote of no confidence or if he no longer remains an MNA.
For starters, sources said, PPP will move under Article 94 to keep Gilani in office. Article 94 states: “The president may ask the prime minister to hold office until his successor enters upon the office of prime minister.”
As for his status as a member of the National Assembly (MNA), upon which his premiership is obviously contingent, the legal team’s briefings maintain that Gilani’s actual disqualification will be handled under Article 63(1) h, which states that a member can be disqualified if “he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.” Or even 63(1)g which states that an MNA can be disqualified if, “he has been convicted by a court of competent jurisdiction for propagating any opinion, or acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciary of Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan…”
The disqualification, according to most analyses, will be in the hands of the Speaker of the National Assembly. The speaker will have to move a reference to the Election Commission of Pakistan (ECP) seeking Gilani’s disqualification as an MNA. The speaker can hold the reference for up to 30 days before it is automatically sent to the ECP. The ECP then has up to 90 days to finalise the disqualification.
That’s about four months of a process.
In addition, according to Chaudhry, if Gilani is convicted, he has right of appeal and, till the decision, the president may ask him to continue his office. He said that, if the appeal is rejected, then the speaker will move forward Gilani’s reference of disqualification to ECP.
However, there is yet another school of thought on this matter, which was also included in the briefings. This theory holds that a sentencing, of any length, would carry an inbuilt disqualification – and there would be no procedural requirements for the disqualification.
Advocate Azhar Saddique says that under unusual circumstances such as in a contempt case, Gilani’s disqualification would be automatic under article 63(1)g. He says that Gilani would leave the court as an MNA not as prime minister – and the process will only be to determine his future as an MNA.
PPP’s strategy
If Gilani is convicted, counsels would go for a direct appeal against the verdict within 30 days and would try to get a stay order against Giani’s sentence. If they fail, that’s when the president will step in with Article 94.
If push comes to shove and someone challenges the president’s move to ask Gilani to stay on as prime minister, or if the court continues to press the government on the matter, there is another plan.
According to sources, the PPP-led coalition would in all probability nominate Federal Minister for Petroleum Senator Dr Asim Hussain as prime minister as a last resort. Since Hussain is a senator, and the prime minister cannot come from the Senate, he will need to be elected on an MNA seat. In this process, a Sindh-based MNA would be asked to resign and make way for Hussain, who would then contest the vacant seat.
This entire process would also take months.
And when that time is about to expire, Gilani will announce a caretaker setup, sources said.
PPP’s protest
In the meantime, the PPP will make hay.
Sources said that waves of PPP workers would accompany the prime minister to the court on Thursday. Following a conviction, they said that PPP would organise public gatherings in south Punjab, Sindh, Gilgit-Baltistan and Azad Jammu and Kashmir where court’s ruling would be condemned.
Published in The Express Tribune, April 25th, 2012.
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Pakistan PM convicted of contempt, receives no jail time
Thu, Apr 26 02:11 AM EDT
image
By Mahawish Rezvi
ISLAMABAD (Reuters) - Pakistan's Supreme Court on Thursday found Prime Minister Yusuf Raza Gilani guilty of contempt of court for refusing to reopen corruption cases against the president, but gave him only a symbolic sentence of a few minutes' detention in the courtroom.
It was unclear if the token sentence would defuse political uncertainty in Pakistan, where the president and prime minister have jousted with the military and judiciary. Despite the light sentence, Gilani could still come under pressure to quit.
"For reasons to be recorded later, the prime minister is found guilty of contempt for willfully flouting the direction of the Supreme Court," said Justice Nasir-ul-Mulk.
Gilani is the first serving prime minister in Pakistan's history to be convicted by a court, but his sentence - detention lasting just a few minutes until the session was adjourned - was symbolic. He could have faced up to six months in jail and the loss of office.
"I think what they've done is taken it from the legal arena and chucked it into the political arena," said Cyril Almeida, a prominent columnist for the Dawn daily newspaper.
He said opposition members of parliament now might move to expel Gilani from office.
"There will be massive pressure from the opposition, the media, from civil society, saying 'He's been convicted for flouting the letter of the law and he should go home,'" Almeida said. "There will be a lot of pressure for him to resign."
MONEY-LAUNDERING CASES
A throng of supporters surrounded Gilani as he walked into the court in Islamabad, showering him with rose petals. Security was tight, with about 1,000 police officers standing by in riot gear and helicopters circling the Supreme Court building.
Gilani's lawyers had said before the verdict that he would not automatically be disqualified from office if convicted, and at any rate he would be able to appeal against the verdict.
The case stems from what many observers say is a political battle between the government and the military, which has held the whip hand in Pakistan's political arena for most of the country's 64 years of independence. Many say the army is using the court to keep the government on the back foot.
Thousands of corruption cases were thrown out in 2007 by an amnesty law passed under former military president Pervez Musharraf, which paved the way for a return to civilian rule. Two years later, the Supreme Court ruled that agreement illegal and ordered cases involving Swiss banks against President Asif Ali Zardari re-opened.
Gilani and his government have refused to obey the court's order to write to Swiss authorities asking them to re-open money laundering cases against Zardari. The government argues that Zardari has immunity as the head of state.
"This is a historic day. The court has declared a lawmaker a lawbreaker. This is weakening democracy in Pakistan," said Firdous Ashiq Awan, former information minister.
(Additional reporting by Qasim Nauman; Writing by Chris Allbritton; Editing by John Chalmers)
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