Speaking on the Express News show with Kamran Shahid after being elected to the Senate, the Prime Minister’s chief counsel, Aitzaz Ahsan said that the “Prime Minister will not advise the President to give him a pardon if convicted.”
Ahsan explained the entire process by which the Prime Minister would be forced to relinquish his seat in the assembly, and hence the Prime Minister’s office as a result of his disqualification.
“The entire process could take months,” he said.
Ahsan explained that not all convictions result in an MNA’s disqualification. “Once the verdict comes, the case will be put before the speaker of the national assembly, where the speaker will have 30 days from the time the resolution is moved to decide whether Gilani can be disqualified due to the verdict,” he said.
Even if the Speaker declares the Prime Minister as disqualified, the matter then has to be deliberated before the election commission, which has to decide within 90 days whether this verdict disqualifies Gilani as an MNA. This too would not be the end of the road. The Prime Minister can challenge the Election commission’s ruling in the high court.
In the event the Speaker decides Gilani’s verdict does not disqualify him, a writ petition can challenge this in the high court which can then be taken up contested.
"I am hopeful that I can still persuade the Judges that the Prime Minister is not in contempt," said a smiling Ahsan.
Writing a letter will not bring money back
The Prime Minsiter’s counsel, when asked why has a letter not been written, given it had drawn the ire of the Supreme Court, Ahsan replied that given the counsel the Prime Minister received from the Law Ministry, writing the letter would not solve the issue.
“The case was closed on merit,” Ahsan contended. He continued that writing the letter would not solve it.
“To get money out of Swiss accounts, the government would need to file a civil suit in Switzerland. However, he added that “the time bar for filing this case has passed.”
Hence, even if the government wanted, they cannot get the money in Swiss accounts back.
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@ Who Is MIRZA
An Indian citizen with a fake id always writing against the State Institutions of Pakistan and trying to influence others to get in line with his thaught process.
Everything in favour of these people is a step towards strengthening democracy and anything that goes against them is a conspiracy against democracy. Both our political system and our judicial system have been held hostage by these people. They know how to exploit loopholes. Who looses in the end? Pakistani common man....
@Hasan: In some countries Mirza would be known as the Head . . . as in Richard Head.
Nothing more can be better than a holistic overhaul of our judicial system. In addition, the time and money spent on this NRO case is absurd. Absurd. This time and money will be better spent to alleviate some problems, if not all, of the Sindh flood affectees.
When the NRO case was declared 'null ab initio,' the judicial system should have thrown the GOP out immediately. The country cannot operate to protect and salvage the egos of persons not able to deliver the goods to the poor people and lessen their hardships.
Salams
@Mirza: You know this for a fact or are you like many male, middle-aged (both in age and mentality!) Pakistani's that appear to know everything?
This whole Circus is for the entertainment of Nation . . .LOL???
As a lawyer I will explain Aitzaz's words. Although the PM may not seek the pardon, it will be offered to him and he will accept (read as forced to accept!) it nevertheless.
Gilani must be sent to jail.
So that settles it then the case is time barred.The best thing about this whole fiasco was that it shows anyone can collect illegal money become president and become constitutionally immune.Well this shows what a joke of a constitution this is
Great, it certainly will strengthen democracy in Pakistan and institutions will realize where there boundaries are and next time they will stay within the boundaries. A big solid decision by the PM and the President by not bending to the principles and this shows the character.
Either this man has gone nuts or our judicial system is totally absurd!
It is not a pretty situation as PM Gilani is in 'contempt trap'. Either he must contravene immunity clause and hence breach the constitution or face contempt.
Most people know that the Swiss courts cannot try an elected head of the state. This useless exercise is based upon the big egos. If this much time, money and attention were given to solve real people's problems the hopes of restoration of judiciary would have been fruitful not useless waste of resources. Let us focus our attention in solving the real probelms of real people and leave the political decisions to the electorate. Enough of the egos.