Contempt case: Gilani decides against challenging conviction

Published: May 26, 2012

Ahsan tells advocate on record to “go home”, says no appeal will be filed. PHOTO: FILE

ISLAMABAD: In a statement issued to the Supreme Court advocate on record, Prime Minister Yousaf Raza Gilani’s lawyer Aitzaz Ahsan said that an appeal will not be filed against the conviction of the prime minister on contempt charges, Express News reported on Saturday.

Ahsan told the advocate on record that he “can go home” as an appeal would not be filed. The decision was taken as the deadline for filing the plea was about to expire.

According to sources, the risks of filing an appeal were brought before the premier’s advocate by the government in the form of concerns that the chief justice might allow those people to be party to the case who had already petitioned against the prime minister.

One such petitioner was Advocate AK Dogar who petitioned asking the court to stop Yousaf Raza Gilani from holding the prime minister’s office as he was disqualified as per the court’s verdict.

Other concerns were regarding the ruling of Speaker National Assembly Dr Fehmida Mirza. It was argued that her ruling was more beneficial for the government and that filing an appeal might go against them.

It was on the basis of such concerns that a decision was taken to not challenge the Supreme Court’s conviction of the prime minister, sources said.

Aitzaz lauds speaker’s ruling

Barrister Aitzaz Ahsan, counsel of Prime Minister Gilani in the contempt case, lauded the Speaker National Assembly’s decision against disqualifying Gilani. “The Constitutional position of the ruling is simple. It was the right decision, and was in line with the objections we had raised in our appeal draft.”

Speaking to the media in Lahore, Aitzaz explained that the role of the Election Commission of Pakistan has ended in the case as the speaker had taken her decision. “The election commission’s doors are now closed. It would have been consulted in two conditions – if the speaker had forwarded the reference to the election commission or had failed to take any decision within 30 days.”

When asked whether a convicted prime minister can pass the budget, Aitzaz stated, “According to the Constitution and the law, if a person has been convicted to a sentence of less than two years, then he continues to be a member [of the House] and hence can remain a prime minister.”

He added that there are three ways to dismiss a prime minister. “One – he resigns himself. Two – a vote of no-confidence is brought against him. Three – he is disqualified from his basic membership.

“As none of these has happened, it is possible for him [Gilani] to pass the budget.”

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Reader Comments (15)

  • Pungi
    May 26, 2012 - 12:13PM

    So…Are we going to witness Tsunami March??

    Recommend

  • salman ahmed
    May 26, 2012 - 2:18PM

    tyme for tsunami march in leadership of imran khan !!!!

    Recommend

  • Acorn Guts
    May 26, 2012 - 3:21PM

    So basically our dear prime minister has no faith in his honesty and righteousness that he is a bit worried that the appeal may turn against him? If I were going head over heels to ‘protect the darn democracy’ and I was so sure that I have the power of people and I am on the right path then I would do all I can to clear my name for the sake of my country and my people at every level possible.

    Bring on the ‘tsunami’ soap opera now I guess

    Recommend

  • khizar
    May 26, 2012 - 4:06PM

    Well Done P M carry on , you are elected by the people of Pakistan not by Sharif courts.

    Recommend

  • Ajamal
    May 26, 2012 - 5:32PM

    These are the only issues facing Pakistan and its people. People are most happy about law and order, inflation, umemployment, etc. Those are the problems of EU, US and the rest of the world.

    Indeed a unique country in the world!!!!!!!!!!

    Recommend

  • Ajamal
    May 26, 2012 - 5:39PM

    “Ahsan tells advoca­te on record to “go home”, says no appeal will be filed.”

    Because this country faces no challenges and problems so every one should happily stay at home.

    Recommend

  • DevilHunterX
    May 26, 2012 - 8:42PM

    @khizar:
    Did you vote for him?

    Recommend

  • Jibran
    May 26, 2012 - 10:16PM

    Good decision. Let the courts concentrate on the cases of ordinary people insteadRecommend

  • Mirza
    May 26, 2012 - 10:51PM

    When the elected NA’s elected speaker has given her decision there should be no question of any appeal. According to the constitution her decision is final. Just like in any appeal to President his decision is final. Recommend

  • Ch. Allah Daad
    May 26, 2012 - 11:14PM

    @ Pungi, Yes, there will be a Tsunami march next week in London.

    Recommend

  • Parvez
    May 26, 2012 - 11:46PM

    Now the question arises that is the speaker’s decision law-full.

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  • Adeel Syed
    May 27, 2012 - 1:13AM

    @khizar:
    Yea they were elected to bring more and more misery on the people of Pakistan

    Recommend

  • Hassan Bokhari
    May 27, 2012 - 1:21AM

    @DevilHunterX

    I most certainly did and will continue doing so because I know democracy is the process of evolution and not shortcut zoonami like what IK wants or a Saudi sponsored long march after attacking the supreme court. PPP is the only real political party in this country.

    Recommend

  • ijazmir
    May 27, 2012 - 4:03AM

    Gilani has already served the sentence. appeal for what.? We have convicted prime minister. Does this make any difference. Previously he went to jail term for corruption did that made any difference NO

    Recommend

  • Khalq e Khuda
    May 27, 2012 - 4:12AM

    Well said Hassan

    People above. please go meet up some jayalas and you will find the reason why we support PPP. It not that blind. Democracy is a process and elected reflect the electorate you can’t thrust your wishes on them because you hold a degree andthey don’t thats called fascism

    Recommend

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