Contempt of court: SC rejects intra-court appeal, Gilani to appear on Feb 13

Published: February 10, 2012
Gilani to face indictment charges on next hearing for the government's two-year refusal to write to Swiss authorities. PHOTO: AFP/FILE

Gilani to face indictment charges on next hearing for the government's two-year refusal to write to Swiss authorities. PHOTO: AFP/FILE

ISLAMABAD: The Supreme Court of Pakistan has rejected Aitzaz Ahsan’s appeal to protect Prime Minister Yousaf Raza Gilani from contempt of court.  

Gilani will appear before the court on February 13 to face indictment charges against him for the government’s two-year refusal to write to Swiss authorities to revive cases against President Asif Ali Zardari.

Chief Justice Iftikhar Muhammad Chaudhry said that the final verdict could only be determined after the trial.

Prime Minister’s intra-court appeal hearing was held in the Supreme Court today. Aitzaz Ahsan said in his concluding remarks that he “respects the court” and wants it to take back its show-cause notice.

Earlier, Aitzaz Ahsan said that the court depicted “strict behavior” by giving Gilani a show-cause notice.

Ahsan said that the proceedings of contempt of court are “half of civil nature and half of criminal nature.” He said benefit of the doubt should be given to the prime minister in this case, which is currently not being given to him.

Ahsan also prayed to the court that the decision should not be limited to the seven judges on the bench, just because they were the chief justice’s “colleagues”.

The chief justice, during yesterday’s hearing, had remarked that the appeal itself was in contempt of the court. He had questioned Ahsan on how he could include paragraphs in his appeal which say that the contempt case cannot be initiated against a prime minister who helped in restoring the judges.

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Reader Comments (35)

  • Syed Imran
    Feb 10, 2012 - 10:29AM

    Yes Aitizaz Sahib, the Court should encourage the PM to Keep violating / flouting Court Orders.This is what you want to say?


  • Word Life
    Feb 10, 2012 - 10:33AM

    This guy only promised one thing during the Lawyer’s Movement … That he will not plead any case infront of CJ Iftikhar Chaudhary (if the judges were reinstated) …

    He could’nt even live up to his own words. Your opinions, Sir, are biased and your words cannot be trusted !


  • Simple
    Feb 10, 2012 - 11:44AM

    @Word Life:
    it is not him presenting himself before the CJ. it is CJ who is hearing a case, already filed by Aitizaz.


  • Feb 10, 2012 - 12:01PM

    I think it’s a suicidal attempt by Aitzaz Hashmi, to defend PPP Govt. He has ruined all the respect, fame he gained throughout his career.


  • Iram
    Feb 10, 2012 - 12:03PM

    wasting time and resources of the country, CJ can you please hear some appeals of poor people pending from decades? If you are so found of politics appoint another CJ for masses and then you may keep hearing cases of government.


  • Amjad
    Feb 10, 2012 - 12:05PM

    PTI troll again goes into full swing


  • A S
    Feb 10, 2012 - 12:06PM

    aitzaz now must join PTI as they need him more


  • Anserali Khan
    Feb 10, 2012 - 12:10PM

    Honourable Supreme Court of Pakistan should demonstrate and establish rule of law and make it known that however high or mighty, if it’s order are not followed they will be severly punished


  • Nadia Khan
    Feb 10, 2012 - 12:14PM

    Aitizaz Ahsan lost his credibility in Pakistan for politicla reasons.


  • Tahseen kazmi
    Feb 10, 2012 - 12:18PM

    Azaad Adlia Zindabaad. I think contemt notice should aslo issued to Aitizaz Ahsan for defending a bad boy who is not implementing the orders of Supreme Court. This will further inhance the image of our judicial system and country.


  • Blithe
    Feb 10, 2012 - 12:36PM

    The real leader of the lawyers’ movement
    was Munir Malik, not Aitzaz Ahsan.


  • MAD
    Feb 10, 2012 - 12:57PM

    I wish ET would also mention the words the SC just said to the ISI lawyer. strict orders to produce the 7 living detainees captured from Adiala jail today. non-compliance not an option


  • Umer
    Feb 10, 2012 - 1:17PM

    @Tahseen kazmi:

    Azaad Adlia Zindabaad. I think contemt
    notice should aslo issued to Aitizaz
    Ahsan for defending a bad boy who is
    not implementing the orders of Supreme

    By this standard a murderer’s lawyer should also be hanged with his client. What a strange sense of justice you have.


  • Baba Ji
    Feb 10, 2012 - 1:19PM

    So ?

    Please …. my fellow Pakistanis, let’s do something constructive for a change …


  • Feb 10, 2012 - 1:37PM

    A bad day for Mr.Aitzaz – however, he has done his best, good luck!


  • Altaf Hussain, Mumbai
    Feb 10, 2012 - 1:40PM

    Theatre of the absurd!
    A President is accused of money laundering. A Prime Minister is indicted for criminal conspiracy. A barrister of great repute says the Highest Court of the land is not authorised to initiate legal proceedings. A federal cabinet jointly decides not to implement a particular court order, come-what-may.
    Martin Julius Esslin must be turning in his grave!


  • Hunzai
    Feb 10, 2012 - 2:15PM

    Enough restraint by Supreme Court. If SC really wants to relieve the people then it should pack up the present regime.


  • Nadia Khan
    Feb 10, 2012 - 2:18PM

    @ Blithe,

    Real leaders of movement was Ali Ahmed Kurd and Munir Mailik , The old slim chap who won against a General (at that time mushi).


  • Rizwan
    Feb 10, 2012 - 2:30PM

    We respect the decision of CJ .PM should be bought to obey lay .All men are equal in the eyes of LAW


  • imtiaz
    Feb 10, 2012 - 2:46PM

    can anybody update me on the hearing of 11 missing persons sheduled for 9-2-2012.


  • Feb 10, 2012 - 2:46PM

    The Swiss will not reopen the case(s) against Zardari anyway, since they say the president enjoys immunity while in office. The whole point of this exercise is mainly to force Gilani out followed by early elections


  • ssz
    Feb 10, 2012 - 2:48PM

    CJP’s sorry to Aitzaz Ahsan before pronouncement of judgement was itself a contempt to the court he was presiding as he was not suppose to pass gesture of being passionate to any individual appearing before him


  • Pashtun voice
    Feb 10, 2012 - 2:55PM

    how can the court order a government to write a letter to a foreign government. Just doesnt make sense.


  • Faisal
    Feb 10, 2012 - 2:57PM

    aitazaz sahab has every right to defend the bad guy..In retrospect every bad guy too got every right to have a council of his own choice..


  • Simply Sane
    Feb 10, 2012 - 4:40PM

    A proxy war being fought by persons suffering from overgrown egos, on all four sides. Loser: the state and it’s people. The saddest part this time around: Participation by a new set of players who are supposed to be above it all.


  • fasmik
    Feb 10, 2012 - 5:14PM

    Finally the SC has done what it is supposed to do. Nip the evil in the bud.
    And finally we see the real face of Aitezaz……the so called man of principles….Recommend

  • Sajjad Ashraf
    Feb 10, 2012 - 5:15PM

    A few simple facts:
    The court’s aunambigous judgement came over tow years back.
    The review was rejected.
    The governement has shown its mala fide by not obeying court’s order for over two years.
    The governement did not even come back to the court during this time seeking immunity.
    During the hearing of notice of contempt and the appeal the court has repeatedly asked and given way to the PM to once again tell the court if the letter would be written.
    The Court having shown so much latitude to the PM is now morally obliged to allow this latitude to all citizens of Pakistan.
    The PM’s consul could not give this assurance – proving the malafide.
    The real culprit is Zardari
    The Court shoud now give examplary punishment to Mr. Gilani and then disqualify Zardari from holding this office (because annulment of NRO clearly disqualifies him).
    People of Pakistan have had enough.
    We need justice… Recommend

  • Saboor
    Feb 10, 2012 - 5:17PM

    The senate elections should not take place. General elections first the senate elections.


  • salim
    Feb 10, 2012 - 5:36PM

    His performance in court was pathetic. He tried to gain sympathy having been in the forefront of the ‘lawyers movement’ and driving CJ in varios cities.


  • sunny
    Feb 10, 2012 - 5:58PM

    Sovereign states have sovereign institution which play a vital role in the existance of the states. Now as Pakistanis we should learn to respect these institutions and follow their rulings. PM by his action thwarted ruling of the SC and thus he was rightly indicted in the contempt case. though PM has the right to appeal but there was no chance that a such appeal may be admitted. It was only a waste of time.


  • Mirza
    Feb 10, 2012 - 7:03PM

    It is only Allah who gives honor and who dishonors a person, nobody can do that. This is from holy Quran and I am not making it up.
    There are people in Pakistan who would always be called elected by the people, generals and dictators who abrogated the constitution and their oaths of office and the judges who have endorsed their high treason. There are some who are loved by silent majority of the people and there are Justice Munir and Justice Dr. Nasim who have been a target of historians and were ashamed in their last day. There are those who surrender to the enemy and those who give their lives but not surrender. Some would be called elected PM and some brutal dictators. This is a general statement of facts and if the shoe fits wear it.


  • Parvez
    Feb 11, 2012 - 12:45AM

    What about our leaders contempt of the people ??


  • Mehran
    Feb 11, 2012 - 2:04AM

    All are evil in PPP while ppl in establishment, PMLN, PTI and MQM are angles. One sided court decisions should a personal grudge of courts against PPP. The partisan courts have always targeted PPP in every era. PPP should revive Misaq e Jamohiryat, where there is NO concept of Supreme court, but a federal court. Pakistan is NOT unitary system, it’s federation. Pronvincial courts should be made more powerful, devolve Supreme court. Follow the charter of democracy.


  • Saad
    Feb 11, 2012 - 4:36AM

    Surprise surprise!

    I have nothing but contempt this Court, this adliya is neither azaad nor graceful enough to adorn that white marble building.

    You did well Aitzaz but folks in the twin city as the saying goes, have hired the judge instead of the lawyer.

    Jeay Bhutto and Jeay Gillani!


  • Qaiser
    Feb 18, 2012 - 8:35PM

    Bill Clinton’s infamous Monica Lewinsky episode has been brought up on more than one occasion. So has Richard Nixon’s Watergate scandal. In both cases the action planned or taken was ‘impeachment’. Nixon resigned. Clinton was impeached, i.e. indicted, by the House of Representatives and survived a Senate trial on the articles of impeachment. It was not a proceeding in a court of law. Similarly, grand jury investigation should not be confused with a criminal proceeding. Our constitution also provides for the removal of the president. Both the constitutions of the US and Pakistan thus envisage legislative action against the president, even though unlike the American president, the Pakistani president is a symbolic head of state and not a chief executive. The trust we place in our fountainhead of justice, equity and fair play is that the judges presiding would always act fairly and impartially. We expect them to be blind to populist sentiment and to work according to the law and constitution and to construe the constitution in a manner that preserves the sovereignty of the people of Pakistan, which they exercise in a sacred trust.Recommend

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