PM Gilani has committed contempt, rules court
Friday February 03, 2012 07:58:51 AM,
IANS
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Islamabad: The Pakistan
Supreme Court Thursday ruled that Prime Minister Yousuf Raza
Gilani had committed contempt by not initiating action against
President Asif Ali Zardari for corruption. Gilani was directed to
appear before the court Feb 13 and he has said he will appear.
The court order shattered the uneasy calm following the tense
weeks that saw a stand-off between the civilian leadership, the
powerful army and the active judiciary.
The seven-member bench of the Supreme Court said there were
grounds to proceed against Gilani.
"After the preliminary hearing, we are satisfied that prima facie
there is a case for further proceeding into the matter.
"Adjourned for Feb 13, for framing charges. Prime minister is
required to remain present in the court," said Judge Nasir-ul-Mulk.
If convicted, Gilani would face up to six months in jail and a
possible disqualification from public office.
Gilani's counsel Aitzaz Ahsan said outside the court that the
government could file an appeal in the case, reported Geo News.
"The court has decided to frame charges against Prime Minister
Yousuf Raza Gilani. He has been asked to be present in person on
Feb 13 when he will be indicted," said Aitzaz.
Gilani said he respected the Supreme Court's decision and would
appear in court Feb 13.
He said this while addressing the parliament Thursday.
"I have appeared before the court earlier, and I would respect its
decision and appear before it again," Dawn quoted Gilani as
saying.
"Every body should follow the constitution. All institutions need
to work in their constitutional domains; they are all answerable
to the parliament," he said.
Gilani had appeared before the Supreme Court Jan 19 in the
contempt case for not acting against President Zardari for
corruption and for defending his move on the ground that the
constitution provided immunity to the president.
In his submission before the Supreme Court, Gilani said that "it
will not give a good message to proceed against a president who is
elected by a two-thirds majority".
"I have discussed this with my friends and experts, and they all
agree that he has got complete immunity," he said.
The court had issued Gilani a contempt notice Jan 16.
The apex court had held as illegal and struck down in 2009 the
National Reconciliation Ordinance (NRO), which granted immunity to
politicians and bureaucrats in corruption cases, and warned the
government of action if its ruling was not implemented by Jan 10,
2012.
The court had also sought reopening of cases closed under the NRO,
and ordered the government to write a letter to the Swiss
authorities specifically to reopen cases against the president.
Zardari, accused of graft, was granted amnesty under the NRO
issued in 2007 by then president Pervez Musharraf to facilitate
the return of former prime minister Benazir Bhutto and her husband
Zardari to Pakistan.
Gilani is the second prime minister after Nawaz Sharif to appear
before the Supreme Court. On Nov 3, 1997, Nawaz Sharif had been
issued a contempt petition by then chief justice Sajjad Ali Shah.
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