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Gilani not guilty of contempt: Aitzaz Ahsan

Published: January 18, 2012

Ahsan says he does not believe Gilani will be convicted. PHOTO: PPI/FILE

ISLAMABAD: Pakistan’s embattled prime minister is not guilty of contempt of court but should bow to pressure and ask Switzerland to reopen graft cases against the president, his lawyer said Wednesday.

The comments from Aitzaz Ahsan are the clearest indication yet that Yousaf Raza Gilani may step back from the brink of further confrontation with the judiciary when he is summoned before the Supreme Court on Thursday.

The Supreme Court has initiated contempt of court proceedings against Gilani, exasperated by the government’s refusal to write to the Swiss asking them to re-open graft cases against President Asif Ali Zardari since an amnesty expired in 2009.

“Asif Ali Zardari has complete immunity as president,” Ahsan told reporters.

“There is no harm in writing a letter to the Swiss authorities. He enjoys immunity in Pakistan and abroad as long as he is president,” he added.

Ahsan later submitted his advocacy letter in the contempt case to the Supreme Court.

Gilani’s decision to appoint Ahsan as his lawyer has been seen as a reconciliatory gesture to the judiciary, which has been on a collision course with the government that most believe will force early elections this year.

Ahsan is a senior leader in Pakistan People’s Party (PPP) and a leading barrister well respected by the judiciary for his role in forcing the government to reinstate independent judges in March 2009.

Ahsan said he did not believe Gilani would be convicted.

“I don’t think the prime minister has committed contempt of court by not writing the letter. Through my arguments I will try to convince the court that the prime minister is not guilty of contempt.”

PPP leaders have accused the judiciary of overstepping its reach and colluding with the army to bring down the administration before its five-year mandate ends in 2013.

Last year, a Swiss prosecutor said that it would be “impossible” to reopen a case against Zardari, as he has immunity.

PM will set new precedent by appearing in court: Khursheed Shah

Federal Minister for Religious Affairs Syed Khursheed Shah said that the prime minister will set a new precedent in the history by appearing before the court, reported Express News on Wednesday.

Talking to the media in Rawalpindi, Shah said that whoever went to the court in the past has only created a fuss, but his government will not do anything similar.

He added why the prime minister would clash with the very judges whom he had himself reinstated in the past.

Ahsan meets PPP leaders at Presidency

Gilani’s counsel Aitzan Ahsan met with Faryal Talpur, Jahangir Badar and other party leaders during a meeting at the Presidency on Wednesday.

According to sources, Ahsan highlighted Gilani’s hearing during the meeting and also briefed the leaders regarding writing letters to Swiss authorities in the NRO case.

The meeting also brought the party policy into consideration.

Meanwhile, Islamabad High Court Bar President Ashraf Gujjar has called all High Court Bar and District Bar Islamabad judges to express solidarity with the judiciary.

Gujjar has asked all these judges to gather in front of the Supreme Court tomorrow morning before the hearing.

Security beefed up for contempt hearing

Security has been beefed up for Gilani’s contempt of court hearing due to be held tomorrow (Thursday) at the Supreme Court.

Several security cameras have been installed within and outside the court, and a red zone has been formulated around the court. A separate route has been suggested for other people passing through the area.

Only people with passes will be allowed to enter the court after being thoroughly checked. No mobile phones would be allowed inside the courtroom.

Reader Comments (40)

  • super judiciary
    Jan 18, 2012 - 12:24PM

    So bad luck again. Now our only hope is Manzoor Ijaz & his memo?????? Hope he will also not ditch us in the last minute

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  • Ali Nawaz
    Jan 18, 2012 - 12:28PM

    Well done Mr. Aitazaz. you create a new clause for the immunity of PM. What can a court do when no one obeying its orders. Court has been giving orders to government since last four years to write a letter to Swiss Authorities and Govt didn’t obey its orders. Govt works under PM so court definitely had to call PM. No you say that court can’t contempt of court to PM?? Please, Mr Aitazaz, let Pakistan to get rid of this government. Don’t stand in-front of this corrupt government.

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  • Fahad Raza
    Jan 18, 2012 - 12:37PM

    Doesn’t matter what you believe…A Ahsan! You might believe PM is God sent Messiah… Spare me.and the Supreme Courts of Pakistan

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  • ifti
    Jan 18, 2012 - 12:42PM

    The whole picture in not for off. lets see what happens. A doderate way is batter for not only for PPP but for whole Nation…Recommend

  • M. R@fique Zakaria
    Jan 18, 2012 - 12:43PM

    If Aitzaz Ahsan is to decide whether PM Gilani is guilty or not, why trouble the Supreme Court?

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  • Shaesta
    Jan 18, 2012 - 12:45PM

    A friend in need is a friend of indeed.

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  • Afaaq
    Jan 18, 2012 - 1:10PM

    Have respect for AA, but what a farce when the same lawyer claimed did not have immunity from any crime and were answerable to our people when Musharaff was in power. Now says his Parties President enjoys blanket immunity from any crime. What double standards. What is wrong with the people, they are not saying he is innocent. They are arguing that law cannot charge him because he is a President. We need to wake up before we lose Pakistan …Recommend

  • Parvez
    Jan 18, 2012 - 1:28PM

    He may or may not be guilty of contempt of court, but he decidedly is guilty of contempt towards the people by presiding over an inept government.

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  • Syed Imran
    Jan 18, 2012 - 1:31PM

    So the nation has to bear with Gillani for times to come.

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  • Hammad
    Jan 18, 2012 - 1:56PM

    well done Mr. Ahsan, must be frustrating for the anti-democratic forces now ! long live democracy and PPP !

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  • Kafka
    Jan 18, 2012 - 2:21PM

    The standards of integrity are different in Pakistan. Talking of immunity to save the president speaks volumes that he is actually guilty and saving himself through immunity. This would have made some people of higher integrity desert him.

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  • MAD
    Jan 18, 2012 - 2:25PM

    @M. R@fique Zakaria:

    Hes his lawyer. of course he will say that his client is not guilty. You think he will be doing this for free. I also belive that the govet will write some sort of letter to the Swiss Government within the next couple of weeks or so.

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  • Qaiser k. Ahmed
    Jan 18, 2012 - 2:34PM

    When you disobey a direct ruling of a court, you are in contempt.However, this is Pakistan, so anything is possible.

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  • Maryam
    Jan 18, 2012 - 2:48PM

    Aitzaz is prominent lawyer and played a critical role in restoration of the judges. Similarly he is a Jiyala of PPP and true democrat. If his legal help can save the PM and so the democracy then it will be another great service of him for strengthening of democracy in Pakistan. PPP is the party of federation and let the people of Pakistan decide to give or not to give another term in office. Removing the current elected government (and any elected government) of the people of Pakistan by means which are outside of the parliament is NOT WANTED ANY MORE. Thanks Aitzaz for taking up this case.

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  • OhLaLa
    Jan 18, 2012 - 2:49PM

    Aitizaz Sb,yes you have a right to defend you client, but please try to not behave like Asma Jahangir in court tommorow. Her already battered reputation has reached a whole new low after her recent SC/talkshow antics.

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  • Afaaq
    Jan 18, 2012 - 3:58PM

    Aitzaz out with the verdict. ”He is not guilty”. Is that his job or the courts?

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  • Chanakya
    Jan 18, 2012 - 4:30PM

    He is a true loyalist of the party of which he is a member. He respected IMC so much that till now he was not appearing berfore IMC. Now he has changed stance. If I remember correctly Mr. AA opined that writing letter to SWiss authorities is not a civil matter rather than a crimanal one. And there is no immunity for non Criminal matters.

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  • zezu
    Jan 18, 2012 - 5:20PM

    “Immunity” synonyms “IMMORTALITY”

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  • khurshid
    Jan 18, 2012 - 5:34PM

    Aetezaaz Ahsan’s position is completely consistent and professional. He argued against Musharraf’s immunity because it was a civil litigation. Zardari’s is of a criminal one, that is afforded immunity.He says that in his opinion Gillani has not committed contempt of court. Surely a lawyer representing a client is entitled to proclaim his client’s innocence. (Today we have Akram Shailh defending Mansoor Ijaz and not so much as a murmur about his “blasphemies” about our dear armed forces and their agencies.) Mr. Ahsan, despite his position about Gillani insists that if the Court does not accept his point of view, then the letter to swiss courts must be written. This I think is how the battle should be fought. Presenting your case legally but yielding to the wisdom of the court, if the verdict is against you.Recommend

  • Noor M
    Jan 18, 2012 - 5:55PM

    I don’t understand why people complain of nation’s bad luck when they work for individual benefits, may those be at personal or party or baradari level.

    When people stop pursuing right & discouraging wrong, such ruling elite is placed over their heads, who are themselves corrupt & incompetent & support their likes.

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  • Dr.A.K.Tewari
    Jan 18, 2012 - 5:56PM

    Gilani has surrended before the court and being an unanimously elected leader of the govt., now it is not essential for him to be physically present in the court . A A is very clear about it ..

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  • bholu
    Jan 18, 2012 - 6:02PM

    @Maryam:
    I don’t understand how he is appearing in CJ’s court to defend PM. If you remember he had sworn not to appear in front of CJ in any legal proceedings after the lawyers movement!!!!!

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  • UFF
    Jan 18, 2012 - 6:09PM

    Is the Democracy not Money Power?
    Isn’t the Parliament a Club for Rich Culprits?
    Are the Courts can give justice to poor people?
    ??….????………??????????
    or they wait for justice till death?

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  • Dr.A.K.Tewari
    Jan 18, 2012 - 6:15PM

    Since the mood of the court is not normal therefore all precousions should be taken by A A and the govt……….?

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  • Pakistani
    Jan 18, 2012 - 6:16PM

    can people stop equating Gillani with Democracy, please?

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  • Imran Mohammad
    Jan 18, 2012 - 6:22PM

    Very disappointed in Aitzaz. I remember, he pledged he will not plead a case in front of CJ since he was his (CJ’s) lawyer. So, what happened to that pledge? He has been humiliated by PPP and now he comes back to defend them. He has proven to be a Jiyala after all !!!

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  • Me2
    Jan 18, 2012 - 7:07PM

    Without a doubt one of the ugliest power struggles of the subcontinental history.

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  • Imran
    Jan 18, 2012 - 7:11PM

    @Imran Mohammad:
    Please educate yourself. He is not pleading this case in front of the CJ.

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  • am
    Jan 18, 2012 - 7:25PM

    clearly before he use to say write a letter now he has changed for self interest and protect corrupt leadersRecommend

  • logic europe
    Jan 18, 2012 - 8:58PM

    there are millions of court orders not implemented all over the world

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  • Imran Mohammad
    Jan 18, 2012 - 9:27PM

    @Imran

    Ok, educator, please tell me what is he going to do if not plead his case in front of CJ. Sing poetry? :->

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  • Pinky
    Jan 18, 2012 - 10:19PM

    i cant help but sympathize with the lawyer community….they often find themselves pitted against themselves, against their values and beliefs..representing clients with completely opposite value system…sometimes for money, sometimes under pressure….
    what a tough existence!

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  • hamzad
    Jan 18, 2012 - 11:14PM

    Under Islamic Law ( SHARIA) NO one , not even a head of state, should be above the law ( this westoxicated “immunity”)…Pakistan and all muslim nations must dump this western legal system….NO wonder we are in such a mess.

    Shariah Law should be the ONLY law in Pakistan..why this dark ages english-common-law? Will suit-&-tie slaves will ever breathe free air?

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  • Mohammad Ali Siddiqui
    Jan 18, 2012 - 11:59PM

    Aitzaz Ahsan is just a lawyer.

    It is up to the court to decide whether PM Gilani is guilty or not?

    How come Aitzaz Ahsan can say even before appearing in the court that Gilani is not guilty of contempt of court.

    If PM Gilani is not guilty of contempt of court then why Supreme Court has served a contempt of court notice to PM Gilani?

    Why Supreme Court or any other Court in Pakistani is not issuing contempt of court notice(s) to any other Pakistani?

    There is a reason for that and the reason is that despite Supreme Court orders PM Gilani has not written a letter to Swiss Authorities.

    Had PM Gilani written a letter to Swiss Authorities according to the instructions of the Supreme Court, he would have not at all received the contempt of court notice.

    I am of the opinion that Prime Minister thinks that he is more superior to the law, which every VIP Pakistani thinks. This is the dilemma in the country which needs to be put straight.

    It all depends on the Supreme Court if the Court indicts the PM or not.

    If PM is not going to apologize to the Supreme Court, I think that finally PM is going to lose his job.

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  • Jan 19, 2012 - 12:57AM

    Very rightly said in this link that why aitzaz has now agreed to represent gilani in front of CJ. Aitzaz said some time ago that he will not represent any one in front of CJ.
    http://www.awamipolitics.com/why-aitzaz-ahsan-is-representing-as-counsel-of-yousuf-raza-gilani-2362.html

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  • Attif Abbas
    Jan 19, 2012 - 2:27AM

    His next statement after court hearings should be sound like of Asma Jehangir and Babar Awan.

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  • Dr.A.K.Tewari
    Jan 19, 2012 - 7:09AM

    The govt. does not mean merely Gilani and Zilani .It is an all inclusive term . An unanimously elected handsome PM can not be allowed to be slougtered by a court having hard Islamic mood . The court coup will also not be tolrated .

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  • Dr.A.K.Tewari
    Jan 19, 2012 - 9:10AM

    Asma, Awan , Ahsan and Anil .
    What a coincidence ….?

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  • Jan 19, 2012 - 1:14PM

    If PM was in court today, then it definitely doesnt mean he respect court, if he has so respect for judiciary then he should visit earlier not when he received contempt of court notice, disgraced!

    Aitazaz, has already proven that he is a true PPP leader by changing his statement. If by any means PM or President get immunity then it means any corrupt politician after becoming president is free from all charges and poor people of Pakistan are the only who can get punish, because they dont have millions to hire lawyers like Aitazaz, shameful!

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  • Rizwan Ali
    Jan 19, 2012 - 2:19PM

    Ahsan accepted to fight the case of PM
    shows
    Money can by every thing

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