ISLAMABAD: Supreme Court Thursday convicted Prime Minister Yusuf Raza Gilani for ‘willful flouting and disregard’ to repeated court orders to revive graft cases against President Asif Ali Zardari, but spared him a prison term and just handed down him a symbolic sentence of nearly 30 seconds.
A seven-member bench, headed by Justice Nasir-ul-Mulk, announced the verdict in a jam-packed courtroom and said Gilani’s sentence would last "till the rising of the court.” “For the reasons to be recorded later, the accused Syed Yusuf Raza Gilani, Prime Minister of Pakistan /Chief Executive of the Federation, is found guilty of and convicted for contempt of court and for willful flouting, disregard and disobedience of this court’s direction,” the short order said.
The judges left the courtroom immediately after announcing the judgement, effectively ending Gilani’s sentence. The premier remained standing for 30 seconds after the announcement of the judgement.
The bench convicted and punished Gilani under Sections 3 and 5 of a contempt ordinance of 2003. It also made a reference to Article 63(1g) of the Constitution, which lists the grounds for the disqualifications of a convicted parliamentarian, but did not invoke it.
“We note that our findings and the conviction for the contempt of court recorded are likely to entail some serious consequences in terms of Article 63(1g) of the Constitution,” the bench said in a short order.
The court had reserved its judgment on the case after the completion of months of arguments by the defence and the prosecution.
The Supreme Court had been asking the government to revive cases of alleged money laundering against President Zardari in Switzerland since December 2009, when it canceled a graft amnesty issued by former President Pervez Musharraf (1999-2008).
“After our satisfaction that the contempt committed by him is substantially detrimental to the administration of justice and tends to brig this court and judiciary of this country into ridicule,” the court order said.
Gilani had refused to accept the court’s orders, saying the president enjoys immunity in Pakistan and abroad. Gilani had appeared in the apex court twice before and had decided to fight the case. “He (Gilani) is therefore, punished under section 5 of the contempt of court ordinance with the imprisonment till the rising of the court today,” the order said.
Gilani was formally indicted with contempt of court on Feb. 13, but he insisted that he would prefer to go to prison and face disqualification but will not approach the Swiss authorities to reopen the cases against the president.
All corruption cases had been withdrawn after the ruling Pakistan Peoples Party of President Zardari signed a deal with Pervez Musharraf in 2007 after nearly an year of secret talks.
Around 8000 people, including President Zardari, his slain spouse and two times Prime Minister, Benazir Bhutto, other politicians and government officers were benefited from the National Reconciliation Ordinance (NRO).
In 2009, the Supreme Court overturned the amnesty law which protected President Zardari and other politicians from being prosecuted for corruption.
Gilani has always argued during the previous court’s proceedings that he had done nothing against the government’s rules of business.
Gillani was elected Prime minister of Pakistan in March 2008 after his Pakistan Peoples Party won a considerable victory in the parliamentary elections.
REVIEW APPEAL: Prime Minister Gilani will file a review appeal against his conviction, a cabinet minister said. Firdous Ashiq Awan said that the Prime Minister will file review appeal against the apex court’s order.
Legal experts say that the Prime Minister has the right to file review appeal but some of them argue that the Prime Minister must step down after conviction.
The beleaguered Prime Minister also presided over an emergency meeting of the federal cabinet to review implications of the court’ s verdict. The cabinet vowed support for Gilani and backed the idea of filing a review appeal, Information Minister, Qamar uz Zaman Kaira said.
President Asif Ali Zardari also conveyed a meeting of senior ruling party leaders and coalition partners to discuss the fast emerging political development after the court’s verdict.
Political observers believe that the court’s verdict has pushed the government to another crisis which is also facing the militancy, severe power shortage, high prices and unemployment.
Experts said this left the door open for the initiation of the process for the disqualification of the premier. However, the Speaker of the National Assembly will have 30 days to decide on such a move and the Election Commission a further 90 days – effectively meaning that the premier can remain in office for four more months.
Emerging from the court, Gilani told the media: “We had sought justice. The decision was not appropriate.” Attorney General Irfan Qadir described the verdict as “unconstitutional and unlawful”. Federal Minister Firdous Ashiq Awan said the government would file an appeal against the judgement.
Earlier in the morning, Gilani drove in a small motorcade to the Supreme Court complex, where members of his council of ministers were waiting for him. The premier walked towards the building flanked by his son Abdul Qadeer Gilani and Interior Minister Rehman Malik as his supporters showered rose petals on him.
Gilani, clad in a black sherwani, stopped at the door of the building and waved to his supporters before going inside. The proceedings in the packed courtroom began at around 9.30 am and lasted a little more than five minutes.
After the judges entered, Gilani walked up to a rostrum at the centre of the courtroom with Law Minister Farooq Naek and his lawyer Aitzaz Ahsan. Gilani had been facing the prospect of a prison term of up to six months but his actual sentence lasted 30 seconds.
The Supreme Court has been pushing the government to reopen cases of money laundering against President Zardari in Switzerland since December 2009, when it struck down a graft amnesty issued by former military ruler Pervez Musharraf. The government has refused to act, saying the President enjoys immunity in Pakistan and abroad.
The government put in place strict security arrangements for Gilani’s third appearance in the Supreme Court for the contempt case. Helicopters mounted aerial surveillance while over 2,000 security personnel were deployed in the “Red Zone” where the apex court and parliament is located.
OPPOSITION DEMANDS RESIGNATION: The main opposition asked the beleaguered Prime Minister, Yusuf Raza Gilani, to step down after the country’s Supreme Court found him guilty of contempt of court.
PML-N chief Nawaz Sharif said that Gilani continuation as Prime Minister will amount to insult to the parliament. He said his party’s central leaders will meet to discuss the post-verdict situation.
Several other opposition groups also called for Prime Minister’s resignation, the call rejected by the government.
PROTEST: Supporters of Pakistan Peoples Party (PPP) staged demonstrations in several cities against the Supreme Court’s verdict and the leaders described it a ‘politically-motivated’ decision.
The demonstrators forced shopkeepers to shut business in some areas in Sindh province, the main political base of the PPP. Aerial firing was also reported in some parts of the country. But no was injured. Online
