SC dismisses PM’s intra-court appeal against contempt charge

TrendPK.com
ISLAMABAD: Supreme Court (SC) has rejected Prime Minister Syed Yousuf Raza Gilani’s intra-court appeal against the court order to indict him on February 13; hence, he will have to appear before the seven-member bench to be indicted on Februray 13, TrendPK reports Friday.

Delivering the verdict after hearing Prime Minister Syed Yousuf Raza Gilani’s appeal against indictment, Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry delivered the verdict.

Former Supreme Court Bar Association (SCBA) President and Pakistan People’s Party (PPP) leader Aitezaz Ahsan, who is counsel of the PM Gilani in the contempt case, completed his arguments before the eight-strong bench headed by Chief Justice Chaudhry.

The bench includes Justice Shakirullah Jan, Justice Jawwad S. Khawaja, Justice Khilji Arif Hussain, Justice Tariq Pervez, Justice Amir Haani Muslim, Justice Mian Saqib Nisar and Justice Anwar Zaheer Jamali.

The Supreme Court upheld a summons for Gilani to appear on February 13 to face indictment for the government’s two-year refusal to ask Swiss authorities to re-open graft cases against President Asif Ali Zardari.

If convicted of contempt of court, Gilani faces up to six months in jail and being disqualified from office.

“The appeal is dismissed,” chief justice Iftikhar Muhammad Chaudhry told the court, upholding the February 2 summons for Gilani to appear on Monday.

The judge wanted a clear answer on whether the prime minister would write to the Swiss, telling his lawyer: “We are ready to give you 10 minutes to talk to the prime minister on the phone and let us know.”

“I have no mandate to do that,” replied Gilani’s lawyer, Aitzaz Ahsan.

The court heard the PM Gilani’s appeal against the order delivered by a seven-judge bench on February 2 seeking indictment of the Prime Minister. The appeal prayed to the court to repeal show-cause notice issued to the PM.

Aitezaz contended there is a simple notice in addition to the show-cause notice in Contempt of Court Ordinance, adding it would have been better if a plain notice had been dispatched to him (PM Gilani).

He said stringent remarks were passed concerning the PM before the contempt. The Chief Justice Chaudhry said it is sufficient for the court to be satisfied prior to the indictment, adding it is up to the court as to what extent it goes to hear the arguments to decide about the indictment.

The PM, he added, did not submit any written rejoinder in reply to the show-cause notice.

Addressing Aitezaz, the CJ said, ‘You made a record of constant arguments, as you set up a record of 26-hour continuous driving. The seven-member bench heard your arguments at length. Had the PM given written statement, everything would have been clear.’

Aitezaz contended the written answer was not sought; merely appearance in person was ordered. the Chief Justice Chaudhry remarked, ‘It was you to do it. The PM should know that the order by the apex court of the country is not being acted upon.’

The judiciary, the CJ continued, does not want to snub the PM, who is chief executive of the country. Responding this, PM’S counsel said his client was not given chance to have his say.

The Chief Justice Chaudhry said the premier should implement the court’s ruling, adding the court is giving time keeping in view the nature of the case; however, the court respects the premier.

As he appeared before the court, he came to know that he is being shouldered with this responsibility, the Chief Justice Chaudhry remarked adding Hazrat Omar (R.A.) also appeared before the court, when he was summoned by the Qazi.

Justice Mian Saqib Nisar said it is imperative to give a person the chance of preliminary hearing under the law.

Concluding remarks between CJ Chaudhry, Aitezaz
Asked by Chief Justice if there is anything more which you want to say, Aitezaz said he cannot complain.

The Chief Justice Chaudhry said, “You completed arguments spanning over seven hours.” Responding to this, Aitezaz said, “I am thankful to you. However, the dissatisfaction before the trial court, cannot be compensated.”

Ahsan said it is essential to write down reason of every order in accordance with the judicial ruling. However, the Chief Justice Chaudhry said if reasons are penned down on indictment stage; then, what would be left for the final verdict.

The CJ continued, “Can you refer to the bench any incident of criminal case when even a magistrate wrote reasons before framing of charges.” TrendPK

Come back for more details.

No evidence found against me, says Moonis Elahi

LAHORE: Pakistan Muslim League- Q leader Chaudhry Parvez Elahi’s son Moonis Elahi said on Friday that no evidence was presented against him in the court in the National Insurance Company Limited (NICL) scandal case.

While talking with the newsmen he said he will expose those who blamed him in a few days.

My manager was tortured and forced to give statement against me, Elahi added. TrendPK

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