ISLAMABAD:
Ever since the Supreme Court initiated contempt of court proceedings against the prime minister, legal experts have looked towards earlier precedents and debated whether a presidential pardon would protect the embattled prime minister from being disqualified.
The issue is not as clear-cut as would be expected. Attorney General Maulvi Anwarul Haq told The Express Tribune that, during former prime minister Nawaz Sharif’s contempt case, the Supreme Court set aside his conviction on the grounds of then President Rafiq Tarar’s pardon for him.
On the other hand, Anwar Mansoor Khan, a former attorney general and retired judge, believes that, even though it is up to the court to exercise its discretion to set aside a conviction, presidential interference would not be fruitful in Gilani’s case.
Justice (retd) Allah Nawaz told The Express Tribune that it was presumptive to say anything in this regard, adding that laws were not based on assumptions. Meanwhile, President Supreme Court Bar Association Yasin Azad also believed that a conviction could not be terminated by a presidential pardon.
Renowned jurist Habib Wahabul Kheri said that, if convicted, the prime minister would be disqualified for five years, adding that in Nawaz’s contempt case the court had decided the case on merit and given benefit of ‘delayed justice’ to him.
Meanwhile, Pakistan Peoples Party (PPP) leader and Defence Minister Chaudhry Ahmad Mukhtar said that, while the PPP respects the judiciary, they were not afraid of the courts.
The defence minister went on to add that the prime minister had spent many years in imprisonment and that he was not afraid of jails. Asked whether there would be a new prime minister come Monday, Mukhtar said the party had left all matters to the will of God, adding that he was in no position to predict or issue any statement over the proceedings.
(Read: What the prime minister should do now)
Published in The Express Tribune, February 11th, 2012.
Correction: An earlier version of the article misstated Nawaz Sharif as the 'former president' instead of 'former prime minister'. The error has been rectified.
COMMENTS (14)
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In the present case even if PM has not carried out instructions there are mitigating circumstances.In any case letter should have been written by NAB which is the functional agency.
PM should be pardoned by President since where do you get such honest & honorable PM! Long live the President, PM, COAS, DG-ISI and CJ of Pakistan. Hell with the Public of Pakistan who are running from pillar to pillar in resolving their day to day problems. Kashmir humara ha!
PM is protecting his Boss by not writing a letter. Inreturn his Boss (president) will protect him by pardoning him.
Or the PPP will use the "Shaheed Policy" again, by letting the PM face the charges, either by resigning as PM or going to prison. This will help PPP win much needed votes for the General Election.
Yes president can pardon but PM will not ask for that, this fuss is part of General elections campaign
general elecions will folllow after his removal, this is pre-planed
Even if the President does pardon him, will the people pardon him ??? In reality its all academic because in Pakistan the people really do not matter.
The Supreme Court's proceedings should be telecast live,as this case has attracted global attention. This is the for the first time that a prime minister of a country is facing contempt proceedings. The proceedings of courts are telecast live in other countries like Canada,and the US.
What i see is we are stuck yet again in a non issue and the real issues like Inflation, Gas prices and Job cuts are slitting poor's throat
Once court process against Gilani is over,SC will establish a commission to write the letter to Swiss court.in order to establish the commission they need all this proceedings,they won't bother what happen to Gilani after there decision.
This is not about democracy.. this is about protecting crime against tax payers of Pakistan. All coalition partners are responsible for contempt of court. All should be sent packing.
For the benefit of all,the constitution should be written in pashto,urdu,punjabi,sindhi and baluchi.This would make it easier for the judges to interpret its meaning.
Why would PM ask for a Presidential pardon, he can ask interior ministry to declare PM House as sub-jail and continue working from there till speaker and parliament decides about his future.
Letter won't be written.. They must be thinking to delay the process even if they have to bring on the new prime minister. Once March passes, they will write the letter but then it will have no value
Who so ever will be the next Prime Minister, he will again be asked by the Supreme Court to write a latter to the Swiss Authorities.
This will go on till that time until and unless the Swiss Case matter will be time barred.