The question facing an embattled prime minister as he appears before the Supreme Court today remains: Is there any option to avoid contempt proceedings without writing a letter to the Swiss against his president and party chief?
If Yousaf Raza Gilani were to be charged with contempt, he would not only be stripped of his office but could also face up to six months in prison.
The apex court initiated contempt proceedings against Gilani in the implementation of the National Reconciliation Ordinance (NRO) case — exasperated by his refusal to write to Swiss authorities asking them to re-open graft cases against President Asif Ali Zardari.
His choices are limited.
Legal experts and jurists say his options include tendering an unconditional apology with a pledge to implement the order, seeking more time from the court, or contesting the charges levelled against him.
“My feeling is that he would try to buy more time by appeasing the court,” former law minister Khalid Anwar told The Express Tribune. “This time around former law minister Babar Awan’s wisdom betrayed him,” he added.
The Supreme Court judges have six options on how to proceed, which include finding Gilani in contempt, disqualifying him or even the president.
Contrary to the premier’s hard line on the matter, his lawyer, Chaudhry Aitzaz Ahsan, has said outside the court that the government should write to Switzerland.
“There is no harm in writing a letter,” Ahsan told reporters outside the Islamabad High Court. “As long as Zardari holds the presidential office, he enjoys complete immunity.” He added that, under the Vienna Convention, too, the president of any country has immunity as long as he remains in office.
Will he now maintain the same line in court, too?
Aitzaz asserted that he did not believe Gilani would be convicted.“ Through my arguments, I will try to convince the court that the prime minister is not guilty of contempt.”
The comments indicate that Gilani may step back from the brink of further confrontation today.
On the other hand, those following the proceedings for implementation of the NRO verdict know that the court has exhausted judicial restraint.
As far as the chances of the prime minister being rebuked in court, not only the bench but the manner of proceedings have changed when the chief justice shifted the implementation case to a five-judge bench headed by Justice Asif Saeed Khosa. The bench absorbed more and spoke less.
But it did speak through a strong order that created six options for the court to proceed with in case of non-compliance.
The inclusion of Justices Nasirul Mulk and Sarmad Jalal Osmani changed little: The bench could have spared the prime minister from making a personal appearance but it chose otherwise.
Attorney General (AG) Maulvi Anwarul Haq said he would be required to frame charges against the prime minister in case the court convicted him on contempt charges. Regarding the immunity to the prime minister, the AG carefully formulated his response by saying that “it was open to interpretation”.
The AG said if premier Gilani was convicted, any legislator could point it out before the speaker of the National Assembly or the chairman of Senate. If it is raised before the NA speaker, she would have to decide upon the matter within 30 days, he added.
If not decided within a month, the matter would be deemed to have been transferred to the Election Commission of Pakistan (ECP) under the 18th Amendment, he explained. The ECP would then have to give its ruling on the matter within 90 days; the AG said, while narrating the procedure of disqualification of the premier.
Two major allies of the PPP-led government, the PML-Q and MQM, are likely to continue their policy of sitting on the fence and not accompanying the premier.
The government had claimed that all its allies would join the prime minister along with PPP cabinet members for what they considered a moral and political support – however, except the ANP and Fata members, there have been no firm commitments.
“The court has asked the prime minister to appear in person. It is not going to be a political rally,” PML-Q’s Kamil Ali Agha told The Express Tribune on Wednesday amid reports that his party chief Chaudhry Shujaat Hussain and senior minister Chaudhry Parvaiz Elahi have submitted applications for entry passes to the apex court.
Similarly, the MQM will also be a no-show, according to sources who spoke off the record.
(Read: Make your choice)
(WITH ADDITIONAL reporting by Qamar Zaman in Islamabad)
Published in The Express Tribune, January 19th, 2012.
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What Pakistan needs right now is stability and economic development. If the government is constantly under threat of being ousted by undemocratic means, how will it function properly? It is beyond comprehension why we are so impatient as a nation. If the government performs dismally, it can be voted out in the next general elections, which are only 15 months away in any case. The people of Pakistan need to exercise their right to vote in or out a government. No other method or ploy should be used to oust democratically elected governments. Democracy is necessary to address Pakistan’s woes. To undermine democracy is to undermine the people’s power and is a downright insult to the Pakistani nation. Pakistan cannot afford another military dictatorship. All four dictators who ruled the country left us in a bigger mess. Let democracy prevail.
@Xoya, Yes and then stay in power for the next 10 years.
Nice title
Army come Soon & do the Sweep Clean then have fair Elections
Early elections is the best thing for democracy in Pakistan.
The article was informative and to the point, but the accompanying photo I found unconnected and repulsive. I understand the PPP point of view, but I read the verse in a modified way. It is not, who will SAVE (Bachai-ga) Pakistan, but who will DROWN (Dubai-ga)Pakistan.