Supreme Court has adjourned the contempt case proceedings against Prime Minister Syed
Yousuf Raza Gilani till 7th of March; meanwhile SC has summoned Cabinet
Secretary Nargis Sethi as witness on next hearing, she would produce
the summaries of Secretary Law as evidence before the court and would
record her statement.
Seven-member larger bench of apex court headed by Justice Nasir-ul-
Mulk heard the contempt of the court case against Prime Minster on
Tuesday.
Aitzaz Ahsan said in arguments prime minister has not committed any
contempt of court, adding that the PM acted upon the advice of the law
ministry following the rules of business. PM is constitutionally bound
to follow the rules of business, he added. PM had not any intention to
violate the court decision, he added.
He said that the law ministry could give better explanation of the
law, adding that the PM should be given all the chances of defence.
Justice Nasir said when the review petition on the NRO was rejected
by the apex court why the prime minister did not write letter to Swiss
courts, adding that the PM has not been summoned in personal capacity;
rather he has been summoned as PM of the country as he has failed to act
on the orders of the court.
Justice Nasir questioned Aitzaz you have not submitted the evidences
and even not submitted reply rather you have submitted miscellaneous
application.
Justice Nasir said that the names given in the plea are the witnesses
of defence, adding that the court will summon any witness for recording
statement when it will consider necessary.
Pleading before the bench, Aitzaz said this plea is in accordance
with the Article-187 of the Constitution, which authorizes the court to
provide the complete justice.
Aitzaz said the order-33 of the SC rules also empowers the court to
direct any authority to produce the evidences as well as empowers to
summon the any personality as witness.
Justice Mulk queried, “You were directed to file documents for your
defence? Do you want to rely on these two summaries mentioned in your
application?”
Aitzaz said he will give arguments regarding the charge of contempt
to the total exclusion of defence of any immunity, adding he want to
just prove that the PM Gilani did not defy the court order.
The PM Gilani’s counsel said the documents are merely the court
verdicts, adding, ‘My jurisdiction does not include defending the
rectitude of the summaries of law ministry.’ ‘If you consider them
vital, please ask them to appear as defence counsel,’ Ahsan added.
Justice Aijaz Afzal remarked, ‘You may cross-examine the prosecution’s documents.’
Ahsan replied, “to whom shall I cross-question, as the prosecution
did not present any witness? According to me, they should have been
called as prosecution witnesses so that I could have cross-examined
them.”
”I have been deprived of this right he added stressing the court should limit itself to the contempt charge” he said.
Justice Sarmad Jalal Usmani said this is a larger bench constituted
with respect to the implementation. But, the PM Gilani’s counsel said he
appeared before the bench with regard to contempt charge, praying the
court to call the three persons proposed in the application, as all
three will endorse the draft of the summary.
Ahsan said they chose not to endorse them as this is their right,
adding he will not have to call any other witness than Nargis Sethi if
the court acknowledges that the draft of the summaries is true.
Pleading the court to call Nargis Sethi, he said he want to
cross-question her, adding it would be Gilani not his office of
premiership to go to jail, if the imprisonment was decided.
The matter, Justice Mulk asserted, relates to the execution of his official duties.
Ahsan said the PM Gilani did not know the direct court order, adding the court misunderstood in this regard.
Justice Nasirul Mulk remarked the court, dismissing the plea, again
directed him (PM Gilani) to implement the judicial orders. The counsel
Ahsan replied his client was not ordered in his personal capacity,
adding the judicial directives were meant for the federal government
including Law Secretary.
The lack of implementation by the Prime Minister does not ensure
contempt, as he acted not on the summaries but in pursuance of the rules
which are binding on him. Acting on the opinions of the experts is by
no means is illegal, he submitted.
Can Law Minister and Secretary be held as experts, asked Justice Sarmad Jalal Osmani.
Ahsan contended that the PM Gilani’s order given on September 23,
2010 was intended to apprise the court of the situation, adding he
(Gilani) would never have issued the direction, if the contempt had been
his intention.
Ahsan said he is willing to let go of Babar Awan and Secretary Law to
appear before the court as witnesses, adding, ‘I came to know the two
do not want to appear before the court.’
The court, accepting the PM Gilani’s application, allowed Nargis
Sethi to present as defence witness along with the two summaries.
It is worth mentioning here that the PM Gilani’s application asked
the court to include two summaries in the hearing – dated May 21, 2010,
and September 21, 2010.
The summaries were sent by the secretary and minister for law and
justice to the prime minister’s office advising him “not to write the
letter to prosecutors in Switzerland (requesting that money laundering
cases against President Asif Ali Zardari be reopened)”.
Later, talking to media persons outside the Supreme Court building
Aitzaz Ahsan said that the court has permitted to present Nargis Sethi
as witness in the case, adding that Nargis Sethi on next hearing will
present the evidences and later on I will counter arguments on the
evidences.
He said Babar Awan and Masood Chishti have refused to appear before
the court as witnesses, adding that it would have been misuse of the PM
post if PM had asked officially Babar, Masood and Nargis to appear as
witnesses in the court.
Aitzaz said that he is hopeful that the court will accept the position of PM and will acquit him.
Replying a question he said that it was excess with him to say that
he has taken Senate ticket as fee in contempt case against PM, adding
that he is worker of PPP and will remain worker of PPP in future also.
Aitzaz Ahsan, counsel for Prime Minister Syed Yousuf Raza Gilani in
contempt of court case said I wanted all three who have signed the
summary be summoned by the court.
He said the Supreme Court (SC) has summoned Nargis Sethi as witness,
adding that former law minister Babar Awan and Secretary Law Muhammad
Masood Chishti refused to appear as witnesses.
He said that if the documents presented before the bench would be
proven correct, there would be no need of Awan and Chishti to appear as
witness. Prime minister’s statement would be needed after the evidences.
Aitzaz congratulated the whole nation over the winning of Oscar Award by Sharmeen Obaid Chiani. SANA
