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1st Rajab, 1433 | Thursday, May 24, 2012
Pakistan

Pak SC to take up contempt case against Gilani

Wednesday, 1 February 2012
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February 01:

Islamabad, February 01: The Pakistan Supreme Court will take up the contempt case against embattled Prime Minister Yousuf Raza Gilani on Wednesday. Gilani was issued a contempt of court notice for failing to act on the apex court's order to reopen graft cases against President Asif Ali Zardari.

Gilani had himself appeared in the court during the last hearing on January 17 and earned exemption from personal appearance on future dates. However, the court had asked his lawyer to submit a detailed reply at the next hearing on February 1.

Presenting himself before a seven-judge bench headed by Justice Nasir-ul-Mulk in compliance of its directive after being slapped with a contempt notice, Gilani said he has complete respect for judiciary and cannot think of committing any contempt but stood his ground that his government could not reopen graft cases against President Asif Ali Zardari as he enjoyed complete immunity.

Backed by top lawyer Aitzaz Ahsan, a barrister, the 59-year-old Prime Minister, the second premier in office to appear before a court in contempt proceedings, said he could not even think of committing contempt of court as he had complete respect for the judiciary.

The bench appreciated Gilani's decision to appear before the apex court, with Justice Asif Khosa, a member of the bench, saying his appearance showed the supremacy of law.

However, the court raised the question why the government had not acted on its past orders to reopen the cases of alleged money laundering against Zardari in Switzerland after the National Reconciliation Ordinance, a graft amnesty passed by former President Pervez Musharraf, was struck down in 2009.

Explaining his government's position, Gilani said Pakistan's constitution gives full immunity to the President within the country and abroad.

Moreover, Presidents of all countries around the world too have immunity, he pointed out in an extempore statement before the bench that lasted a little more than five minutes.

Gilani said his government was bound to act according to the Constitution and the law.

Ahsan said the apex court should not force the government to write a letter to the Swiss government that becomes a joke, and creates a situation whereby the Swiss authorities say they cannot act against Zardari as he is protected by the Vienna Conventions.

The bench asked Ahsan if the government would contact the Swiss authorities if it is proved that the President does not have immunity.

Ahsan told the court that the current proceedings pertained to the contempt notice and he intended to argue that the premier had not committed contempt of court. The reasons for not acting on the court's past orders could be explained by the Law Secretary, he said.

--PTI

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