Gilani contempt hearing: ‘Did not write letter because president has immunity’
“Before me, Zulfiqar Ali Bhutto, Nusrat Bhutto and Benazir Bhutto also faced courts,” Gilani said. He added that the legal background to why he did not write the letter would be explained by his counsel Aitzaz Ahsan.
Ahsan said that the prime minister was advised by the Law Ministry to not write a letter against the president. “I had been publicly saying that writing the letter would not make any difference,” Ahsan said.
Justice Asif Saeed Khosa observed the court could write his statement down, but Ahsan replied in the negative, stating that his position and merits of this case were different.
Ahsan added that he would establish from record that the prime minister acted bonafide in not writing a letter to the Swiss authorities.
Justice Sarmad Jalal Osmani observed the basis of establishing his bonafide was linked with the question of immunity under Article 248 of the Constitution.
“My case pertains to the issuance of contempt notice alone. I don’t raise the immunity issue before the court,” Ahsan said.
Ahsan said the media created an impression as if the court had already made up its mind against the prime minister. However, Justice Mulk said that he had not read a single article or watched a show since he took up the matter.
The hearing was adjourned till February 1 after Ahsan requested the court for more time to seek relevant documents in the case.
Justice Tariq Mehmood, talking to the media after the hearing, said that he has faith in the judiciary that it will pass a verdict that is in line with the law and the Constitution.
The dignity of the court should not be ruled out, he added.
Sindh Chief Minister Syed Qaim Ali Shah and other Pakistan Peoples Party (PPP) leaders also accompanied the premier at the court.
The case was heard by a seven-member bench headed by Justice Nasirul Mulk.
End of live updates
11:20am
Supporters of the judiciary, gathered outside the court, started chanting slogans against the government while Aitzaz Ahsan was talking to the media.
Qamar Zaman Kaira swiftly escorted Ahsan out as the chants made it impossible for the barrister to talk.
No other PPP leader came to the rostrum to speak to the media after Ahsan left.
11:17am
Aitzaz Ahsan, while talking to the media, after the hearing, said that it was a big day for the law, Constitution and the judiciary of the country that the counrty's prime minister came to the court himself.
“This indicates the majesty of the law and the majesty of the Supremre Court,” he added.
11:11am
The hearing of the case has ended and Prime Minister Gilani has left the court.
“The court wanted some clarifications and the prime minister decided to attend himself. This is something the court and media should appreciate,” Interior Minister Rehman Malik had told the reporters before the hearing.
PPP spokesman Qamar Zaman Kaira said Gilani’s acceptance of the court summons “shows his respect” for the country’s highest court.
“We fight cases in the courts, we do not fight with courts,” Kaira added.
11:00am
Gilani, while speaking in front of the bench, had said, “I have come today to show my respect to this court… It will not give a good message to proceed against a president who is elected by a two-thirds majority.”
Law Minister Maula Bux Chandio remarked that the PM’s presence in the court signifies the independence of judiciary.
10:54am
The court exempted PM Gilani from further hearings saying that it was not necessary for him to appear in next hearings.
The court said that this was a short order and not a final verdict.
Aitzaz Ahsan had claimed that the contempt case against the PM was not appropriate.
10:51am
The court gives 15 days time to Aitzaz Ahsan to prepare for the case, and to reply to the show-cause notice issued to PM Gilani.
10:48am
The court proceedings have been halted, and the judges are holding a discussion.
The court has begun writing a short order and the hearing has been adjourned till February 1.
Aitzaz Ahsan has asked for one more month to understand the case, and said that he does not have enough details at the moment.
10:39am
Aitzaz Ahsan sought more time from the larger bench saying that his client had not given him enough time to prepare for the case.
Justice Nasirul Mulk remarked that Ahsan can have two more days to obtain relevant documents in the case.
Several PPP leaders and MPAs are present outside the court in a large number and are chanting slogans in favour of the party.
10:35am
Aitzaz Ahsan said that one paragraph of the NRO verdict was related to the president, however, the Constitution gives him immunity and the court should see the Constitution’s restrictions in his case.
Justice Khosa inquired whether the government will write the letter or not, but Ahsan said that an inquiry can be held against President Asif Ali Zardari only when he is not the president.
Ahsan added that the Constitution gives immunity to the post of the president and not to Asif Ali Zardari in particular.
Justice Sarmad also inquired why the government has not been writing the letter since two years.
10:20am
Gilani’s counsel Aitzaz Ahsan appeared before the bench and reiterated his stance that the president has immunity. The court replied saying that it has been asking the government since 2009 to act upon the case, but no one has come in all these years to talk about president's immunity.
Ahsan added that the government should have written the letter to the Swiss authorities.
10:10am
Gilani, while giving his speech before the bench, said that his party, the PPP, has always respected the judiciary.
He justified himself in front of the bench saying that he did not write the letter to Swiss authorities as ordered because the president has complete immunity.
The prime minister, in his closing remarks, said that President Asif Ali Zardari has immunity in Pakistan as well as abroad.
He added that he will appear before the court as many times as he is summoned.
Justice Asif Saeed Khosa has remarked that it is a big day in the history of Pakistan.
At least 46 other people, including Asfandyar Wali, Chaudhry Shujaat, Israrullah Zehri and Muneer Orakzai, are expected to accompany the prime minister during the hearing.
Earlier this week, a seven-judge bench issued a contempt of court notice to Prime Minister Gilani and asked him to personally appear before the court to explain his government’s failure to implement its earlier verdict to reopen cases closed under the controversial National Reconciliation Ordinance (NRO).
Officials have been tight-lipped on what the prime minister and his lawyer will say, but commentators doubt that Gilani will decide to risk six months in jail and being stripped of office.
His lawyer, Aitzaz Ahsan, has said Gilani may as well do what the court wants and write to Switzerland because Zardari has immunity from prosecution as long as he remains in office.
Supreme Court judges have six options on how to proceed which include finding Gilani in contempt, disqualifying the prime minister and president, and holding early elections.
COMMENTS (59)
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@Lt Col Imtiaz Alam (retd): It is amusing to note down your suggestons. They look very good but who is going to take notice of these. The point which I raised in my previous reply to your mail has toally been ignored. In fact in Pakistani soceity there is an element which is paper tigers and other which is action tigers. Paper tigers have always damaged the casue of the nation. 64 years of history of Pakistan clearly indicates which segment of society dmamaged the Pakistan most. On one side you quote 1400 years back but unable to demand accountability of last 64 years. Still many are alive and can be accounted for. PLease remember those who do not take lessons from history and adopt dual standards for different segments of society can nevér progress. We belong to a lively nation and possess lot of potentials. Every one knows current government is corrupt and incompetent. In the past also on this charge of incompetency and corruption military removed many civil governments but untill now no benefit could be drawn of these acts of army. Let this time people of pakistan to decide instead of army or supreme court. NRO has prevailed for few years and let it prevail for current term of PP government. Highlighting the weaknesses of current government and mobilising the sleeping majority of country can bring astonishing results. Most probably PTI is paying attenton to this aspect. So do not insist on removal of current government and isntallation of Interim government. Once interim government is there then we will again be back to square one. Hopefully honourable CJ of Supreme Court will also be wise enough to understand this point. God may bless all with the wisdome to decide what is good for this naiton.
@Hafiz Shah Ali: If you believe in an Islamic State then no Immunity is available to anybody includeing the President.
That sovereign immunity is available only in matter of 'acta jure imperii and not in matters of 'acta jure gestionis' that is, when the President acted like a sovereign and not when the President acted otherwise than a sovereign in private or commercial matters
@explorer: If you allow the Looters & Plunderer's to continue then there will be Anarchy. Those who do not apply the Orders of the Court. Flout the Orders. You are not a very well read person as you do not read what is being said in the print & Electronic media. Go to any man on the street & he will tell you what he thinks. At this moment he prefers a Dictator to this sham Democracy. He would tell you that, " I used to have three square meals".
@ZKhan: My dear friend, calling a spade a spade does not show any prejudice against the present Govt. The fact of the matter is that everyone in the print & Electronic media are very clear about the poor Governance & the loot & plunder by the PPP Govt. I am sure justice will be done on 01 Feb by the SC. The decision on the NRO is profoundly important than other cases because it is like a Cancer and has to be attended to immediately. It is the answer to all the problems of the common man. With this Govt gone we can by Allah's grace look forward to a balanced and conscientious Govt. It could be an Interim Govt consisting of Technocrats to look after the following problems immediately. a. Appoint an effective and Impartial Chairman of NAB. I suggest Justice(R) Ramdhay. b. Appoint an impartial, honest and a person of Integrity as Chairman of the Election Commission c.Sort the Voters list. Very simple. CNIC holders should be allowed to vote.Cut off date for CNIC Registration to be as spelled out by the SC. NADRA can remove all invalid CNIC holders. It just needs a relevant Software to sort out the bogus cards. d.Tax all irrespective whether he is an Agriculturist or in the Tax exempt Industry by the the simple principle which is applied for a salaried Taxpayer. All to pay who earn over 350,000/-. Money will just trickle in. You need to sort the FBR. e. Revisit the Budget & knock off all Ostentatious spending.Stop giving money to Free Loaders & making them beggars for all times to come. f. The money you realize from the above extra expenditure & Taxation may be utilized to pay the Circular debt once for all. g. Stop the War on Terror. "Say NO to USA". Have believe & faith in Allah. h. Go for fair & Impartial Elections.
Gentlemen, I can go on but I don't know if anybody will take my suggestions.
I hope that on 01 Feb 2012 the SC will take some action and not disappoint the people of Pakistan.I am very clear as far as Immunity is concerned. Article 248 should not have been there in the first place as it not in consonance with Article 227. In a Islamic Republic "Nobody is above the Law". Article 248 is repugnant to the Quran & Sunnah. When the SC asked the Govt to write the letter to the Swiss Authorities they were in the knowledge of 248. The Attorney General & Mr. Aitazaz are acting naive and trying to hide behind 248. The present lot of Legislators need to be sent home as they came to the Assemblies through bogus votes. Latest news from NADRA regarding the bogus Voters. By the way History was not created by Mr.Yousuf Reza Gilani but 1400 yrs ago by the Khalifa's of Islam who proved to the World that "Nobody is above the Law" by presenting themselves before the common men & women for Accountability. Allah O Akbar(Allah is Great).
From all the blogs one reads on various topics in this newspaper, it seems that everyone has deep hatred for some party or the other. it is a chilling thought that Musharraf cant come back because the state cant provide him security. If an ex prez is insecure, what kind of a civil law and order seems to prevail? something seems extremely dangerous in Pak society. at this rate, something will give in, sooner than later. To the International community, this is the worst example of a dangerous nucleur armed Banana Republic.
@PostMan:
NEMO EST SUPRA LEGIS! said the ancient Romans EVEN ,when Ceaser was emperor.
So...as I studied Constitutional law in Germany and in USA,the immunity of Presidents and Prime Monisters means,that they can not be sentenced...no VERDICT can be issued against them.
When a court issues a subpoena,EVERY citizen has the duty to follow the summons to the court,otherwise it has the right ac. to Gerichtsbarkeit Gesetz to issue a notice for contempt.
Immunity of Government officials and "contempt of court" are two different legall issues.
At the time when country is passing through worst energy and power crises majority of population is find hard to provide daily necessites of lives to their families instead of providing relief to suffring people selfish politisions are wasting their energies on no issues which is very unfortunate
Today was a very sad day .Leader of lawyers movement acting as devils advocate and disgraced by his own army in his own courtyard.But the more disappointing aspect of the whole affair is that in the war between Zardari read corruption and SC read rule of law Atizaz is firmly standing with corruption .As a reward he may get a senate seat and became part of cabinet consisting of Musharafs strongest allies MQM& Q-League .You betrayed a nation Atizaz at least you owe them an apology.Today musharaf will be the happiest man
As per Mr Hassan,lawyer of PM that President has the immunity as long as he is in the office means he Mr Zardari is corrupt and can be prosecuted after he leaves the office.No one is above the law.Why not he should be prosecuted now,I am sure the apex court will certainly do the justice.The judiciary is independent and keep it up by doing justice for all times to come.
The Supreme Court will take it own course of action according to the prevailing law and not different segment of people in Pakistan want to hear.
The government has been provided an opportunity for a fair trail and PM has all the right to defend his version.
It is up to the court to decide as what is right and what is wrong.
There are perhaps three sets of actors tilting at these windmills ever since the PPP government came to power almost four years ago. They comprise: 1) Those with an unflagging visceral hatred of the president and the PPP government for ideological, political, and vested interest reasons. 2) Those who may not have begun life in the first category but have become increasingly disappointed and disillusioned with the performance of the government since it assumed power in 2008. 3) Our permanent establishment and their satraps that may still harbour suspicions about the PPP despite the latter’s bending over backwards to keep the former sweet. Taken in order, there seems little hope of rescue for the first category, blinkered as its vision is. The second offers at least the possibility of being persuaded that whatever their view of the present incumbents and their performance in office, efforts to see the back of the incumbents must not stray into territory where along with the bathwater (the government) the baby (democracy) also gets thrown out. To those who pooh-pooh democracy because they feel it has failed to deliver, there is only one counsel: patience. Democracy does not offer guarantees for the solution of problems per se. What it does offer is a participatory political process under the umbrella of the freedoms that are an inherent core of any democratic system worth the name. Freedom to organise, express opinions and exercise the right to oppose through peaceful and constitutional means offer the possibility of putting forth a new, or amending/changing the existing national political agenda. In other words, the struggle for solutions and rights can be waged openly and without fear.
first of all do you need a 'court' to decide if the paki pm or prez is corrupt...??? secondly how do you know this 'court' is not corrupt as well????...its pakistan after all...!!!!!!!!!!!!!!!!!!
Constitution is the instrument that is holding the institution togather and defines the relations between institutions, individuals and provinces i think. As constitution is the biniding force thus it remains most sacred. If constitution provides imunity to the President of the state then how can a PM who has to abide the constitution can write for initiation of criminal proceeding against President? Only legeslative assembly can withdraw this immunity, and secondly president himself should rise up on high moral ground and should prove himselft innocent by allowing himself to be prosecuted and set an example. With all due respect it seems court is introding in to the other institutions domain and looks biased against PPP, despite corrouption and bad governance this party definetly delivered alot interms of amending constitution for better Pakistan and definetly its the only National party which has support thorughout Pakistan and Azad Kashmir. Despite being a big asset of Pakistan this party has suffered alot at the hands of Judiciary and military establishment jointly. It will be very unfortunate if we keep losing faith in National parties, though they need alot to set their houses in order. To be fair enough with PPP, during this time their turn in power, they came without a visionay leader at the center, as they sacrificed they leader in struggle for democracy, and those with good character and vision were kept at distance from power cooridoors. They inherited fight on terror and energy crisis and being coalation govt. it always had a hostile partner, most difficult time was when they can not get through the tax reforms progarm due to hostility of its colation partner. Despite inexperience they managed ok, and it should be good if they being allowed to complete their turn or mutally agreed general elections. Then let the people decide who they choose. It should not be judicary, military
@Lt Col Imtiaz Alam (retd): My dear, your expressed agony and disturbance is ok but it gives some touch of prejudices against political PP government. You can demand such justice in a country where you have good examples to follow. From the very outset nation had been demanding justice and clear decisions for much more bigger blunders relative to this one. You can leave the old ones like separation of East Pakistan or Kargil debacle. What you have to offer for not taking solid action agaisnt those who showed slackness for OBL operation in Abbotabad. Did angles come from heaven to kill Salim Shazad in Islamabad? Inspite of having evidences of clear warnings from ISI top notches prior to the murder of this journalist none was bold enough to take any decision. Only insistence on decision of NRO and ignroing all other important matters of national interest does not leave good impact of any one. One should develop the courage to hihglight all the slacknesses with fair, honest and bold attitude.
Defending loot and plunder should have been the last thing to do by a PM. What kind of immunity is this? The Court should step in with concrete actions, giving dates is disappointing.
Why did the PM wait for 2 full years to mention his reason?? That's the question, coz whatever processes could be launched now, could have been launched 2 years back as well.
I wonder if supporters still have any pride, when seeing their leaders protecting plunder. I wouldn't be surprised to see they have!
Regards.
How can you have immunity for crimes committed before it was granted ? This argument from Aitzaz Ahsan and PPP government is ridiculous.
Might disagree with him but it's hard to lose respect for Mr. Ahsan. Sad to hear all those slogans against him.
Now there seems to be hope of light at the end of the tunnel. Presentation of Premier in the court itself will definitely melt down high temprature running between judiciary and PP government. Induction of reasonable and rationale lawyer A Hassan in fact will make the main difference. In currently granted period extention he is going for in depth analysis and it looks as end result he wil convince PP Government to write the letter to Swiss authorities to pacify the matter. Rehtoric also contributes to flame the fire. Babar Awan is famous for firing rehtorics. After having recieved bann on his law practice license he will become careful. Senetor Abidi should also hold his tongue for some time. Having acted on the advise if these two are not firing any more salvos on Court and Army matter will get resolved and probably PP government will be able to prevail provided some thing else is not being cooked against it some where else.
@Parvez: Contempt of the court is a matter for the court to decide. The contempt shown by this government towards the people still has to be addressed.
Well for that we have to wait for the elections. Before the election, the acceptance of a PM is through his electoral college (the National Assembly). Gone are the days when everyone used to claim that "silent majority" is with him, and it carries no weight if Mr. Sharif makes such a claim again.
@Khalid: "... people like him [Aitzaz Ahsan] don’t deserve my respect."
And who are you again Sir?
It looks that CJ is an oppositon party against the GOVT., look his supporters chanting slogans in his favour and against govt. the premises of court. What action Honourabble CJ will take against those making noise in court premises in his favour? Its great our honourable judges has the experience of street power as well besides providing justice. Does not it seem that both political and judicical experiences are seen in judical process these days?
@nelta john: Please think before commenting ... How does he gets humiliated by appearing before the Supreme Court and Chief Justice of Pakistan? No one should be above the law of land including PM, President and Army chiefs et al ... Law & Consitition is base of a country .. while these figures come and go every few years. They are meant to serve the people and country not rule them.
I am not a law expert but I think even if there is any immunity, it would be for the crimes he committed while he was in the office. These all cases are from the times before he could even dream of becoming president of Pakistan, which disqualifies him from being president of Pakistan in the first place. Recently in the US an NBA team went to see Obama in the White House, one player was not allowed to enter the White House since he had conviction on a minor charge a long time ago. And we have the biggest thieves on the planet IN our Government. May Allah help Pakistan!
Long Live PM.
MR PM u stand by your words, we stand by u.
Was this an accused going to court or a conqueror going to the conquered territory.who bears the expense for this solidarity. This entourage is yet another contempt of court except 40 who were issued passes. The excuse of immunity is childish. Article 248 is altogether a seperate issue not to be mixed up with contempt.
We all need justice "thats it"
Pakistan is on a free for all leading to a freefall. How shocking to the world, how pakistan is unravelling and peeling rapidly, and every institution is out to decimate the other. A Prime Minister in Court??? Oh dear..what a country..
Contempt of the court is a matter for the court to decide. The contempt shown by this government towards the people still has to be addressed.
Let the court decide the issue/matter as per law.
BUT tell me what was this huge motorcade of PM and security around Supreme Court? You and me are paying for this.What a waste,what a waste. of scarce resources of this country
By hook or crook it will be good if this govt can complete its term in office. So that future civilian governments also will have more confidence & military will gradually forget the good old days of coups & democracy will continue without interruptions
Aitzaz Ahsan Has has fallen from grace faster than speed of lightning , people like him don't deserve my respect.
Supreme court waited for more than 2 years to hear from PM Gilani that "he did not write letter because President has immunity". This statement of PM Gilani raises questions of competency of Supreme Court and its judges :-(
M. R@fique Zakaria Karachi.
court is doing according to plan, lets see after 15 days,may they got another date to more preparation for the case.
This stand proved he is relatively better than those who attacked the supreme court with the TV Anchor Tariq Aziz going as far as to smash Quaid's photo....
To day hearing revealed that match was already fixed. Rule of law is only for poor. Elite class can arrange lawyer like Aitzaz Ahsan at a time of need. No future of poor people in Pakistan.
Where his presence added the respect of Supreme court there he should not take wrong stance to avoid contempt proceeding.
After 2 years, Mr. Gillani has started chirping about the indemnity.
If President has indemnity in the constitution, so should I & every one else. He by no mean is superior to us i.e. people of Islamic Republic of Pakistan.
Equality is the essense of a society, either we all should have indemnity or no one should. I will vote for that party which in their manifesto will undertake to repeal this clause from constitution.
PM should resign.. simple and straightforward solution
@positive pakistani:T The sc wanted to humiliate the Prime Minister by demanding that he appears in the court. The agenda of the courts is more political than justice.
Contempt of court to lawyers indulged in sloganeering? Any notice by the Honorable CJ?
This is an other black day in the history of Pakistan. Judiciary is doing nothing and giving dates and dates and dates.No Law in the country for rich and powerful people.What a country.seems everything going according the plan.Plan is there will be election in march,then there will be budget and then election after ramazan. Feeling sad and having low blood pressure
I think judges understand that they messed up with this decision, and want the government to bring in 248 article to close the case for good, without admitting that they needed to consider it on the first place.
@positive pakistani This surely speaks volumes about the confidence the court has in itself. Its no ordinary feat.
This is not a criminal case, it is a civil matter to determine who owns the 60 million dollars, immunity has nothing to do with it
Law is and should be same for all .....Prime Minister in Supreme Court of Pakistan.
'President has immunity' Current immunity includes protection from sense, sensibility, logic, rationality, integrity, peoples problems and good governance.
Long live PPP
starting from lie...!
Now this is some moment (in a positive sense).....not in every country prime ministers appear before supreme courts.....but i see no coverage of this from any of international media....sad!
Liberty and justice for all.