ISLAMABAD: The Supreme Court has observed that it may review Prime Minister Syed Yousuf Raza Gilani’s contempt of court notice if he writes to Swiss authorities for reopening of corruption cases against President Asif Ali Zardari.
A seven-member SC bench, headed by Justice Nair-ul-Mulk, heard the case today before adjourning it till tomorrow (Thursday).
Urging the government to implement NRO verdict in its letter and spirit, the bench observed that the court have no intention to send premier of the country to jail.
The court has exempted PM Gilani from appearing after he faced the jury on January 19th amid tight security and protocol.
Veteran lawyer and PM Gilani’s counsel, Aitzaz Ahsan contended on the issue of immunity to Zardari which is the main reason cited by the government not to ask the Swiss authorities to reopen graft cases against the President.
Ahsan harped on the same mantra that PM has not committed any contempt of court by not ordering National Accountability Bureau (NAB) for reopening cases of Swiss accounts kept by Benazir Bhutto and President Zardari which according to him enjoys immunity in the country and abroad under Article 248 of the Constitution.
During the course of hearing, Aitzaz said PM Gilani did not write to Swiss officials keeping in view President Zardair’s immunity, adding that Gilani was advised by his law secretary for this step.
“The Prime Minister himself can’t read the detailed verdict issued by the court in National Reconciliation Ordinance (NRO) implementation case, therefore, he is assisted by his advisors and subordinates which proposed him not to write to Swiss authorities,” the lawyer argued before the jury.
To which, Justice Nasir said that earlier the PM had said it was his own decision and that no one advised him.
“The PM gave a priority to his subordinates over the court verdict and did not write the letter. He acts upon advices of his subordinate officials but not on the SC court rulings. This step is not an evidence of PM’s goodwill and sincerity.”
Justice Asif Saeed Saeed Khaosa, a member of the bench, said “the PM has said he is ready to go to jail, instead of writing letter to Swiss authorities. Isn’t it the contempt of court?”
He observed that “the court has not intension to send the PM to jail. We just want NRO verdict to be implemented and for that Mr. Gilani must write the letter.”
Aitzaz said the SC severed contempt notice to PM Gilani but never issued any notice to him for implementation of the NRO verdict. “There is a sound reasoning for not acting upon the court orders as PM enjoys immunity for discharging this duty.”
At which Justice Nasir said contempt notice is associated with the immunity “so there is no need for carrying on the contempt case proceeding if government proves immunity for the president”.
To which Airzaz replied “Satisfy the court on Article 248 is not mandatory during the initial hearing.”
About the immunity protection, the jury said President should approach the court for his claims of having immunity.
During the hearing, an interesting situation developed when Aitzaz, the lawyer of PM, used the word “accused” for Gilani. However, Justice Asif Saeed corrected it, saying that the word can’t be used for the PM before any chargesheet is presented against him.
The court, later, adjourned hearing of the case till tomorrow (Thursday). Online
