ISLAMABAD: Prime Minister Yousuf Raza
Gilani Thursday appeared before the
Supreme Court of Pakistan and claimed
for the first time immunity under
section 248 of the Constitution.
Gilani appeared before the
Supreme Court to plead his innocence before the apex court on a
show-cause notice for contempt of court issued to him on January 16.
He
told the court he had spent six years in prison and was never reluctant
to appear before the court which shows that he always respected the
court.
Gilani said Zulfiqar Ali Bhutto and Nusrat Bhutto also
appeared before the courts. All the allies are also here in honour of
the court.
“I cannot even think of ridiculing the court and all
over the world the presidents enjoy immunity and Constitution of
Pakistan also provides immunity to the president,” Gilani said.
The
heads of the coalition partners, including PML-Q President Chaudhry
Shujaat Hussain, Senior Federal Minister Chaudhry Pervaiz Elahi, ANP
chief Asfandyar Wali Khan, MQM parliamentary leader Dr Farooq Sattar,
Fata parliamentary leader Munir Khan Orakzai, Sindh Chief Minister Syed
Qaim Ali Shah, Punjab Governor Sardar Latif Khosa, Khyber-Paktunkhwa
Governor Barrister Masood Kosar, cabinet members and senior PPP leaders
is accompanying Prime Minister Gilani.
Barrister Aitzaz Ahsan is representing the prime minister.
Former
Supreme Court Bar Association (SCBA) President and Pakistan People’s
Party (PPP) leadler Aitezaz Ahsan said the Prime Minister Syed Yousuf
Raza Gilani did not write the letter to the Swiss officials as the
immunity entitled by the Constitution is there.
Appearing before
a seven-judge bench headed by Justice Nasirul Mulk, Aitezaz pleaded
that his client did not attempt any contempt, as he acted
constitutionally.
Addressing Aitezaz, Justice Sarmad Jalal
Usmani remarked then the matter ends here. On this, Ahsan pleaded the
court for more time for preparation, as this is not a common case. He
pleaded he did not receive complete record over the issue.
"I
need a month to read all the relevant records in the NRO case," Ahsan
prayed to the court saying President enjoys immunity in every court and
this immunity is not limited to merely Pakistani courts.
The PM’s counsel stressed the judges are also required to abide by the Constitution, of which they are on oath.
On
this, the court, giving him two weeks time, adjourned the proceedings
till February 1. It should be mentioned here the counsel solicited one
month time. Meantime, the PM Gilani has been exempted from the
appearance in person during the next hearing.
Earlier, Ahsan
said no letter will be written to the Swiss authorities against
President Asif Ali Zardari until he stays in his office, adding PM
Gilani will act upon the implementation order as the time approaches for
the purpose.
“Can the PM Gilani be held responsible for the
contempt of the court, if we take stock of the judicial orders?” he
queried adding his arguments are focused on this single point.
Aitezaz
said he did not come to the court to effect change in the court order;
nor does he intend to bring it under discussion.
Justice Usmani said the government did not raise the immunity issue of anyone before.
Earlier, Justice Asif Saeed Khosa and Justice Nasirul Mulk appreciated the PM Gilani on his appearance before the bench.
Ahsan
noted, ‘Chief Justice enjoys immunity in cases; the same applies to
other constitutional offices.’ On this, the court said President’s
immunity will be debated in the next hearing.
Justice Khosa said
to Ahsan, “No more proceedings will be required if you satisfy the
court on Article-248 of the Constitution.”
Justice Usmani said
it is the court which will decide if the approach of the PM Gilani
regarding the immunity is in the right or wrong asking him as to why he
does not give arguments over Article-248.
Justice Usmani asked
him to clarify the link between the writing a letter and immunity,
querying him if he will write a letter in case court says that
President does not enjoy immunity.
Justice Usmani asked him if
he wanted to file his rejoinder in reply to show cause notice. Ahsan
replied he could answer only after viewing the record, which he did not
receive as yet.
On this, the court directed National Accountability Bureau (NAB) and Law ministry to give him (Ahsan) access to the record. Online
