PM Gilani’s contempt case hearing underway

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ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani’s intra-court appeal against the court order to indict him on February 13, is being heard at Supreme Court (SC), TrendPK reports Friday.

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, is to finalize his arguments before the eight-strong bench headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammed 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. TrendPK

Lahore rescue operation at collapsed factory ends

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LAHORE: The death toll from a factory collapse in Lahore reached 26 while 16 injured persons were rescued alive.

The three-storey factory had crumbled to the ground on February 6 after a gas explosion.

Taking notice of the unfortunate incident, Supreme Court had summoned Punjab Chief Secretary, IGP and District Administration to appear before it.

Rescue teams today completed operation which continued for five days.

One aged lady was pulled alive after 31 hours while another man was rescued after 47 hours. However, he succumbed to his wounds at a hospital.

Rescue Officer Ahmed Raza said operation took long time to complete in a bid to save lives. TrendPK

SC warns PM Gilani of disqualification for influence on court

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ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry Thursday said the attempt by Prime Minister Syed Yousuf Raza Gilani to influence the court may lead to his disqualification, adding the matter may be dissolved, if the government writes a letter to the Swiss courts.

Heading an eight-strong bench hearing the PM Gilani’s intra-court appeal against the court order to indict him on February 13, he said the paragraphs pertaining to the reinstatement of judges are shocking and quite embarrassing to the court, querying if any measure could be rewarded by stepping out of the law.

The Chief Justice Chaudhry further said these things do not behoove of a man sitting on such a high pedestal as the office of premiership, adding, “Can the Prime Minister be held above law in return for his order regarding reinstatement of judiciary?”

the Chief Justice Chaudhry remarked the PM’s bid to pressure any court may become the basis of his ineligibility under Article 63-AG of the Constitution.

Appearing on the part of the PM Gilani, former Supreme Court Bar Association (SCBA) President and Pakistan People’s Party (PPP) leader Aitezaz Ahsan said, “Is the PM Gilani, incriminated under contempt of court charge, not entitled to just say that he braved difficulties for the judiciary for two years?”

Even then, he added, if the court seeks these paragraphs to be deleted, they will be written off.

Later on, the Advocate on Record told the court the PM Gilani sanctioned to strike off the paragraphs in question.

The apex court said the court was being pressurized for a favorable ruling through these three paragraphs.

Later on, arguing before the bench, Aitezaz said he strongly oppose the confrontation or misunderstanding among the national institutions.

The Chief Justice Chaudhry remarked President Asif Ali Zardari said in one of his interviews, that the decision not to write the letter was made on political basis; and, this indicates the government does not want to implement the para-178 of the National Reconciliation Ordinance (NRO) verdict, adding the SC delivered the NRO verdict not in vacuum, but, in accordance with the facts, instead.

the Chief Justice Chaudhry advised the PM Gilani to act upon the court order to maintain the prestige of the court, adding the entire matter will come to naught if the letter is written to Swiss courts.

Reacting to this, the PM’s counsel Ahsan submitted the case was dispensed with in Swiss courts in 1997-98; now, the letter will entail nothing.

Ahsan further argued that his client has no responsibility in matter relating the implementation, adding he will prove that no contempt was committed in this case. TrendPK

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Hearing of PM’s contempt case gets underway in SC

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ISLAMABAD: The Supreme Court of Pakistan on Thursday started hearing of Prime Minister Syed Yousuf Raza Gilani’s contempt case, TrendPK reports.

Gilani has challenged the contempt indictment verdict through an intra-court appeal on Wednesday which is being heard by an eight-member SC bench, headed by Chief Justice Iftikhar Muhammad Chaudhry.

PM’s counsel and veteran lawyer Aitzaz Ahsan is currently giving his arguments before the jury against the court summons issued to PM Gilani to appear on February 13 and face indictment over his failure in reopening Swiss money laundering cases against President Asif Ali Zardari.

Gilani, in his appearance in the Supreme Court on January 19, has cited Zardari’s immunity as explanation for his refusal to obey the court’s order to ask Switzerland to re-open corruption cases. TrendPK

PM Gilani appeals against summons for indictment

ISLAMABAD: Pakistan’s prime minister Wednesday appealed against a court summons to face a contempt indictment next week, challenging an order that could ultimately force his weak government into early elections.

Pakistan’s highest court on February 2 summoned Yousuf Raza Gilani to appear on February 13 to face indictment, impatient over the government’s refusal to re-open corruption cases against President Asif Ali Zardari.

It was a shock move from the Supreme Court that sharply escalated pressure on the embattled prime minister a year before his government would become the first in the history of Pakistan to complete an elected term in office.

Gilani’s lawyer Aitzaz Ahsan said he based the appeal on precedents set by top courts in Australia, Britain, France, India and the United States.

“My objection is that the court in its order on February 2 cited no specific reasons for initiating contempt of court proceedings against the prime minister,” he told reporters.

Gilani had appeared before the Supreme Court on January 19, refusing to back down over citing Zardari’s immunity as explanation for his refusal to obey the court’s order to ask Switzerland to re-open corruption cases.

The Swiss shelved the cases in 2008, when Zardari took office.

If convicted of contempt, the prime minister could be jailed for up to six months and disqualified from public office.

Ahsan said there were arguments against indicting the prime minister.

“The president enjoyed immunity and the Swiss authorities have also closed the case. I should not comment further on this issue,” he said.

In order to hear the appeal, the Supreme Court will need to constitute a larger bench of nine judges — not the seven who ordered him to appear.

The court will hear the appeal on Thursday, apparently the only available gap in a tight schedule before the February 13 summons.

Although Supreme Court Judge Nasir-ul-Mulk said there were grounds to proceed against Gilani, members of the government accuse judges of plotting with the army to wage a witch-hunt against the prime minister and president.

Legal experts say that Gilani can only avoid being charged by appealing, apologising or promising to write to the Swiss.

The allegations against Zardari were frozen by a Pakistani political amnesty imposed in 2007, which the courts overturned in late 2009.

Tainted by corruption allegations, Zardari is nicknamed “Mr 10 Percent” and spent 11 years in jail on charges ranging from corruption to murder, although his supporters point out that he was never convicted.

Zardari and his late wife, prime minister Benazir Bhutto, were suspected of using Swiss bank accounts to launder about $12 million in alleged bribes paid by companies seeking customs inspection contracts in Pakistan in the 1990s.

A Swiss prosecutor has since said it would be “impossible” to reopen the case against Zardari since he benefits from immunity as a head of state.

Former Supreme Court judges said they were not convinced of the grounds for appeal, but said the matter would have to be decided quickly.

“They can simply prolong the case for two or three weeks but apparently they have no solid ground in their defence. They have not come up with a satisfactory plea so far,” said Rashid Rizvi, a former Supreme Court judge.

One former chief justice called on the government to resign.

“It will be good for the country if the government quits and holds elections. The current situation is crippling the economy and people are dying because of poverty and lawlessness,” Fakhruddin Ebrahim told AFP. AGENCIES

SC deadline on by-polls legislation ends today; 23 lawmakers to be disqualified

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ISLAMABAD: Deadline given by the Supreme Court (SC) for giving legal cover to the by-polls is coming to an end today (Monday). As many as 23 members of the Parliament will be held ineligible if the government fails to get 20th Amendment passed.

A four-member SC bench headed by Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry will hear the case regarding the voter lists.

It should be mentioned here the apex court stayed the process of by-elections on the present electoral rolls and held that the by-polls under an incomplete Election Commission are unconstitutional and illegal.

Meantime, the court gave time till February 6 to the Parliament to endorse the by-elections’ results; the deadline is coming to an end today.

National Assembly will meet today after an interval of two days to make an attempt for the passage of Twentieth Amendment. The government needs support from its coalition partners as well as the opposition parties for the purpose. TrendPK

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Riko Diq goldmine case: CJ critical of bid to move ICJ

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ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry Thursday said the Riko Diq gold mines belongs to Pakistan.

Heading a three-member bench hearing Riko Diq Goldmine case, the Chief Justice Chaudhry noted taking recourse to the International Arbitration Court is an attempt to undermine the authority of the national institutions.

Raza Kazim, the counsel of petitioner and former Punjab MPA Ehsanullah Waqas told the court that the apex court’s ruling delivered on May 25 was an exhaustive verdict which was agreed upon by all parties; but, now, Tethyan Copper Company Pakistan (Pvt.) Limited (TCC) took the matter to world arbitration court i.e. International Court of Justice (ICJ).

The petitioner said the case cannot be taken up simultaneously by two forums.

The CJ queried if no one cares for the judicial system of the country, stressing this is an apparent attempt to curtail the stature of the Supreme Court (SC). TrendPK

Experts see constitutional crises as PM facing ‘charge-sheet’

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ISLAMABAD: As Prime Minister Syed Yousuf Raza Gilani faces jail and lose of his office, if convicted, law experts are of the view that the government is on the course of constitutional crises and clash with state institutions, TrendPK reports.

Renewing political tension in the country, Supreme Court on Thursday prepared to charge PM Gilani with contempt of court for his failure to re-open corruption cases against President Asif Ali Zardari.

PM’s lawyer Aitzaz Ahsan says “We still reserve a right to appeal against the decision and I have suggested it to my client”.

Speaking to newsmen after a seven-member SC bench, headed by Justice Nasirul Mulk, heard the case, he said Gilani can stay on his office despite the conviction. Law experts, however, say a contemnor can’t hold any public office at least for five years.

“I’m worried about the growing gulf and tension between state institutions. The court should not only take to task civilian leadership… A third party can take advantage of this situation,” he replied when asked about possibilities of yet another military takeover.

“Those generals who detained judges should also be served contempt of court notices,” he appealed the apex court.

 President Supreme Court Bar Association Yasin Azad says the situation is moving towards a constitutional crisis “therefore all the institutions should keep in view the future of this country at every step.
 
PPP MNA Nazar Gondal says their leadership respects judiciary, “but we will use our legal right to appeal against the decisions.”

Prominent lawyer, Ahemd Raza Qasuri says “the government is at the point of no return, facing unprecedented situation.”

Deputy speaker Sindh Assembly Shehla Raza said “thought all this did not go well today but Peoples Party has always surrendered before judicial verdicts.”  TrendPK

Ajmal Kasab death penalty appeal adjourned

NEW DELHI: India’s Supreme Court adjourned an appeal hearing on Tuesday into the death sentence handed down to Ajmal Kasab, the lone surviving gunman from the 2008 Mumbai attacks.

Kasab, one of 10 gunmen who laid siege to Mumbai in attacks which lasted nearly three days and killed 166 people, has appealed for his sentence to be overturned after he was convicted in May 2010.

The 24-year-old was found guilty of a series of crimes, including waging war against India, murder and terror acts.

The November 2008 attacks saw 10 heavily-armed gunmen storm targets including luxury hotels, a Jewish centre and a train station.

One of the two Supreme Court judges due to hear the appeal was unavailable on Tuesday, forcing the adjournment, officials said. No date was immediately set for the next hearing.

Kasab’s court-appointed lawyer Raju Ramachandran told AFP that his job was “a call of duty”, but declined to talk further about the case.

Kasab’s death sentence was confirmed by a state high court in Mumbai last year. If he loses his Supreme Court appeal, he will be able to appeal for clemency from the president.

Ujjwal Nikam, who prosecuted the case in Mumbai on behalf of the Maharashtra state, is seeking to push through the death sentence. “This is the rarest of rare cases,” Nikam told AFP. “He should not be entitled to any mercy.”

At the trial, the prosecution produced fingerprint, DNA, eyewitness and television evidence showing him opening fire and throwing grenades at Mumbai’s main railway station in the bloodiest episode of the attacks.

Kasab — who is in jail in Mumbai — initially pleaded not guilty but later made a confession, admitting to being one of the gunmen allegedly sent by the banned militant group.

He then reverted back to his initial denial and said he was framed by the police.

Pakistan has indicted seven alleged perpetrators over the attacks but they have not been brought to trial, triggering Indian accusations that the process is a sham.

Pakistani investigators and lawyers will visit India next month to gather more evidence ahead of any trial in Islamabad.

Most death sentences in India are commuted to life imprisonment, and convicts can sit on death row for years awaiting a final decision. AGENCIES

Julian Assange takes rape case to UK top court

LONDON: WikiLeaks founder Julian Assange’s two-day hearing at England’s Supreme Court gets underway Wednesday, in the latest stage of his lengthy battle against extradition to Sweden to face rape allegations.

If the court rejects his case, the 40-year-old Australian will have exhausted all his options in Britain but he could still make a last-ditch appeal to the European Court of Human Rights, prosecutors have said.

The Supreme Court, England’s highest, granted Assange permission to appeal in December.

It said his case raised an issue of “great public importance”, namely whether Sweden’s state prosecutor had the right to sign the European arrest warrant under which he was held.

The case will be considered by seven judges, rather than the usual five.

The Supreme Court usually takes about 10 weeks to deliver a judgement but the parties have requested that this case be speeded up.

Wednesday marks 421 days since the arrest of the former computer hacker, who has been living under tight bail conditions at the country mansion of a wealthy supporter in Norfolk, eastern England.

Assange was arrested in Britain in December 2010 after two women made allegations of sexual molestation and an accusation of rape in Sweden, which he strongly denies.

He says the sex was consensual and claims the allegations are politically motivated, linked to WikiLeaks’ release of hundreds of thousands of classified US files about the wars in Iraq and Afghanistan, as well as diplomatic cables.

Assange’s extradition to Sweden was initially approved by a lower court in February. An appeal to the High Court was rejected in November, but it subsequently granted him permission to appeal to the Supreme Court.

If this appeal fails, the WikiLeaks founder will have only one other option to stop his extradition — an appeal to the European Court of Human Rights in Strasbourg.

“If the ECHR takes the case then his current bail conditions would remain in force and he would remain in the UK until the proceedings at the ECHR have concluded,” the Crown Prosecution Service said in a commentary on the case.

“If the ECHR declines to take the case then he will be extradited to Sweden as soon as arrangements can be made,” England’s state prosecutor said. AGENCIES

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