An application was filed by Aitzaz on Monday asking the court to bring in three witnesses, Cabinet/Defence Secretary Nargis Sethi, former law minister Babar Awan and Law Secretary Muhammad Masood Chisti, and to allow him to present two summaries in the court.
The summaries were sent by secretary and minister of law and justice to the prime minister’s office advising him “not to write the letter to prosecutors in Switzerland”.
Aitzaz told the media that the court, during the hearing today, accepted his application and has allowed the witnesses to appear. “Court has allowed me to present the summaries. Nargis Sethi will appear before the court and prove the summaries.” However, the other two witnesses, Awan and Chisti, have refused to appear before the court, Aitzaz revealed.
During the hearing, Aitzaz told the Supreme Court that the prime minister’s reply in the contempt case will not be submitted unless witnesses’ statements are recorded.
Justice Nasirul Mulk, heading the seven-member bench, remarked that Aitzaz neither submitted a reply nor did he submit any evidences, and has rather submitted an application. Aitzaz, in reply, said that the witnesses, which he has asked to be summoned in the court, will inform the bench that the prime minister was not given any advice other than the two summaries he wishes to present.
Aitzaz told the court that “Prosecutor [Attorney General] in the case did not summon any witness. Thus, I have been deprived of the right to cross examine the witnesses.”
The court allowed him to bring in the witnesses, but Justice Sarmad Jalal Osmani maintained that it was a useless act if the prime minister is not agreeing to implement the court’s orders.
Aitzaz replied that he did not want to make speculations about the future happenings and added that “this bench is not for the implementation but to hear contempt charges… My mandate is to prove that the prime minister did not flout any order of the Supreme Court willfully.”
On whether Prime Minister Gilani will be made to appear personally before the court, Aitzaz clarified that the accused does not have to appear personally till the very end of the proceedings, after all the witnesses have recorded their statements.
Aitzaz will cross-examine Sethi on March 7 during the next hearing, where Sethi would record her statements before the seven-member bench.
COMMENTS (13)
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mr a ahsan, for whom people had the best of regards, has taken up a case, which i doubt any other lawyer would have taken up---he is fighting with a thinnest of straw available to him. how can one flout the orders of the court on mere summaries of those whose vested interest lies in yesmanship and no other criteria except self centre. while the populace, is to honour court judgements ,abide by it the worthy PM chose to ignore?? NOW the mr a.ahsan wants to lenthisize the issue to frustrate and sicken the readers, thinking he can manovere the issue and spell a novel version.. --------if at all things go according to mr atizaz,a new PRECEDENT in the history of LAW, erupts, wherby every litigant will have an excuse of getting wrong advise and claim --IGNORANTIA JURIS EXUSAT--- while as a student of LAW i belive in the dictum IGNORANTIA JURIS NON EXUSAT-- hope Justice will prevail and after a fair and free chance the honourable judges, as they usually do give out the best of judgements Long live CJ and his team at SC Pakistan
@Dr. Malik: "the million of Rupees he took as his fees." He has charged exactly 100 rupees as fees.
Mr.Aitzaz.......First win the hearts of people before you win the case against your PM.
I think Itizaz Ahasan is entangling the court and going to play delaying tactics in which he will certainly succeed and the time will come to hold election and PM will los e its office automatically.
You have lost in the eyes of people of Pakistan..i hope you are happy with your 2 crores & the senate seat!!!
It should also not be forgotten that even if the court gives a verdict against the PM, the political process would continue. The PPP has 127 of its lawmakers sitting in parliament. Any of them would replace PM Gilani and declaration of his ineligibility to hold public office and the National Assembly’s membership would not derail the democratic political process. The Senate elections and later the general elections would hopefully take place smoothly. This scenario would be disappointing for those who are making a pointless hubbub over the issue and trying to give an impression that the PPP-led government would also go out of power with PM Gilani. The ongoing contempt case does have a psychological impact. However, it does not in any way have the potential to oust the present government.
*Is there any justification of not obeying the order of country`s supreme court.*
Aitazaz is only try to delay the disqualification of PM by putting some technical complications in front of court.& is trying to compensate the million of Rupees he took as his fees.
why can't they simply obey the SC? They are asking time and again.
Of course, you will win as you have got your fee in advance in the form of Senate seat!
Vienna,February 28,2012 The hearing should go on before commenting on the developing sport of the law.The Prime Minister is not held guilty before the hearing ends. Taravadu Taranga Trust for Media Monitoring TTTMM India --Kulamarva Balakrishna
Hide and Seek ? Suspense Movie ? Delaying Tactics ? Emberrsing the Court ? Chose the one suits you !
Not a very noble mission. Aitizaz Ehsan has lost his credibility for standing in favour of Wrong against Right.
SC has become a Court of the Civil Judge where witnesses testimony is recorded. What a joke. Aitizaz is trying to make this a he said, she said case, rather implementation of NRO judgement. If evidences are being recorded now than why was no evidence recorded from all the participants who negotiated the NRO before pronouncing judgement. In that case NRO judgement is wrong as it cannot be implemented. Didn't the SC know the law then??? For all these reasons it is the SC that has become the biggest irritant to Pakistan's progress.