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Tuesday, February 28, 2012

Supreme Court to resume contempt case against Gilani; Aitzaz submits reply

Supreme Court (SC) will resume the hearing of contempt case against Prime Minister Syed Yousuf Raza Gilani today (Tuesday); meanwhile apex court has been moved to summon three persons including Defence Secretary Nargis Sethi, former Federal law minister Babar Awan and Law Secretary Masud Chishti as witnesses in the contempt case against Prime Minister Syed Yousuf Raza Gilani.

Former Supreme Court Bar Association (SCBA) President and Pakistan People’s Party (PPP) leader Aitzaz Ahsan who is PM Gilani’s counsel in the contempt case has filed a separate appeal at the apex court in reply to the SC order to produce documentary or physical evidences.
The plea submitted by MS Khattak, Advocate on Record, said the PM Gilani acted upon the summary forwarded by Nargis Sethi, Babar Awan and Masud Chishti; accordingly, all these three should be called as court’s witnesses under Clause-94 and 540 of Criminal Procedure Code.
The PM Gilani, the plea states, cannot defend himself in his personal and private capacity, as he exercised the powers in official capacity, adding it would be tantamount to misuse of power if he calls personally not officially witnesses to defend him.
To summon these witnesses is highly vital and the prosecution should have called them; however failing to do so, it (prosecution) has lost right to cross-question, the plea states.
During the last hearing on 22nd February , Attorney General Molvi Anwar-ul-Haq, who is the prosecutor in the case, submitted evidence to the court against the prime minister.
The court had asked PM’s counsel to defend his client in the light of the evidences presented by the Attorney General.
A seven-member bench of the Supreme Court will resume hearing of the case on Tuesday. SANA