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.

Four legal experts advised PM against letter, Aitzaz tells SC

TrendPK.com
ISLAMABAD: A seven-member Supreme Court (SC) bench headed by Justice Nasirul Mulk is currently hearing the contempt case against Prime Minister Syed Yousuf Raza Gilani, TrendPK reports Thursday.

The PM Gilani’s counsel, Aitezaz Ahsan is giving arguments before the court. The former Supreme Court Bar Association (SCBA) President and Pakistan People’s Party (PPP) leader has been directed to complete his arguments in the preliminary hearing by tea break.

Aitzaz said acting upon the Rules of Business is a constitutional pre-requisite and under the Business Rules, it is Law Ministry which is to advise the PM on legal affairs.

The PM’s Counsel stressed the power of decision will rest with the Prime Minister, in case Attorney General of Pakistan is at variance with the law ministry over the advice.

Furthermore, he informed the court that as many as four legal experts advised the PM Gilani in National Reconciliation Ordinance (NRO) case not to write the letter; only the then Attorney General Anwar Mansoor voiced difference of opinion.

Justice Mulk remarked besides Anwar Mansoor, Law Secretary Aqil Mirza also expressed opposition and both of them resigned from their offices over the issue.

Justice Mulk queried as to how much weight to be given to the opinion of legal experts in presence of clear-cut court instructions.

Ahsan submitted the court in grade 22 promotion case, bound the Prime Minister to implement the summary.

Justice Athar Saeed remarked the Prime Minister is authorized also to dismiss the advice. However, Ahsan said the court held the rejection of advice as incorrect in Grade 22 promotion case.

Ahsan said it is not criminal not to use the power to reject the advice. TrendPK

British PM David Cameron inspects damage in south of capital

LONDON: British Prime Minister David Cameron visited the site of a building that was destroyed by fire in a third night of rioting in the UK capital.

The House of Reeves in Croydon, south London, was a local landmark furniture store run by the Reeves family for decades.

It was torched overnight during the wave of violence and looting that has raged across London since Saturday.

Cameron met police at the site who explained what had happened.

Cameron described the scenes of burning buildings and smashed windows in London and several other British cities as “sickening,” but refrained from more extreme measures such as calling in the military to help beleaguered police restore order.

Instead the Prime Minister, who cut short his holiday to fly in to the capital, recalled Parliament from its summer recess Tuesday and nearly tripled the number of police on the streets.

Violence in London first broke out late on Saturday in the low-income, multiethnic northern district of Tottenham, where protesters demonstrated against the fatal police shooting of Mark Duggan, a 29-year-old father of four who was gunned down in disputed circumstances Thursday.

Duggan’s death stirred old animosities and racial tensions similar to those that prompted massive UK race riots in the 1980s, despite efforts by London police to build better relations with the city’s ethnic communities.

Some 525 arrests have been made in London alone and dozens were arrested in other cities. AGENCIES

NICL case: SC cancels Zafar Qureshi suspension notification

The Supreme Court has cancelled the suspension notification of Federal Investigation Agency (FIA) Additional Director General Zafar Ahmed Qureshi and also handed him the task to investigate the multi-billion National Insurance Company Limited (NICL) scam.

Earlier, a three-member Supreme Court bench comprising of Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Amir Hani Muslim reserved judgment on the matter on July 25. The court also ordered the attorney general to submit a written statement regarding the position of the prime minister and interior minister on the suspension of Zafar Quraishi. AGP Anwarul Haq requested the court on July 25 to grant him some more time to ascertain the stand of the prime minister, who suspended Zafar Qureshi and declined to reinstate him despite court orders. The court however rejected his request noting that sufficient time had already been given to this effect.

Gilani ready to go to watch World Cup semifinal

ISLAMABAD: Prime Minister Yousuf Raza Gilani is prepared to watch the World Cup semifinal between Pakistan and India in Mohali, India.

Pakistan Muslim League Nawaz (PML-N) leader Chaudhry Nisar Ahmed refused to go with the Prime Minister

Match-fixing remarks misunderstood: Malik

ISLAMABAD: Interior Minister Rehman Malik said that his remarks about preventing match-fixing were misunderstood and that he did not say anything which could affect the team’s morale.

Speaking to newsmen outside Parliament House today, Malik said there is no need to announce Wednesday as a public holiday, adding he would make a request for this to the Prime Minister.

Meanwhile, he called upon the nation to offer special prayers for the team’s win.

The Interior Minister said that he would be present at Mohali’s stadium himself to encourage the team. TrendPK

No nuclear plant radiation leak after quake: Japan PM

TOKYO: No radiation leaks have been detected from Japan’s nuclear power stations after a massive 8.9 magnitude quake struck the country Friday, Prime Minister Naoto Kan said.

“I ask the people to act calmly while listening carefully to information from radio and TV,” he said.

Gilani rules out talks with militants working on foreign agenda

ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani Friday reiterated his administration’s resolve to pursue the policy of 3Ds (dialogue, development, deterrence).

He pledged to hold talks with tribal who are ready to surrender their arms to the tribal agents of their respective areas.

“We are ready to hold talks with those who will voluntarily decommission to the tribal agents. We are ready to bring them into mainstream,” he said while speaking in the National Assembly.

However, the Prime Minister ruled out any dialogue with those working on foreign agenda. TrendPK

Protesting pensioners march on Greek parliament

They were briefly blocked by riot police vans and security officers close to the prime minister s office, but the vans then parted and let them continue their protest. At one stage an elderly protester fainted, collapsing on the ground and having to be helped by fellow protesters. “Disgrace” and “Shame to those who govern us” shouted the several hundred senior citizens, many saying they were living off pensions as low as 400 euros, making living conditions difficult. They were also protesting planned cost cuts to the country s health care system, to be initiated following the passing of a health care reform bill on Wednesday. As part of economic reforms that were introduced in March, the government has slashed pension supplements and frozen pension rises in order to cut state costs. It has also merged several social security programs together into just a few.

Govt not to amend blasphemy law: PM Gilani

Prime Minister Syed Yusuf Raza Gilani on Wednesday categorically said that the Government has no intention to amend the Blasphemy Law, however its misuse should be prevented. He said that the court will decide about the fate of Raymond Davis.

Prime Minister told the Lower House of the Parliament in response to a point raised by leader of the Opposition Ch. Nisar Ali Khan about policy statement by the prime minister regarding Blasphemy Law that Neither the Government has moved a bill nor any Committee has been formed to amend the said law as both the treasury and opposition benches are on the same page and are unanimous on this sensitive issue,.

To another point of leader of the opposition regarding the US citizen Raymond Davis, the Prime Minister said the whole world has focused upon Pakistani nations reaction and wants to know whether it would be a mature move or not. He said Pakistan is a sovereign and responsible state, there is independent judiciary, media and a vibrant civil society, and the government has no intention to take steps which could bring a bad name to the country. He said that Raymond Davis matter is in the court and it will ask for his relevant record. The government respects the judiciary and whatever decision it gives would be accepted in letter and spirit.

JUI leader Fazlur Rehman also raised concern over the issue of Raymond Davis. He said that it would government to hand over Raymond to the US. Zulfikar Mirza said that movement of US nationals in the country can not be restricted.

Rehman Malik told the House that Raymond came to Pakistan on diplomatic visa and the visa was issued to him after the clearance of secret agencies.

Next Page »