Contempt case: Fair trial impossible, insists Aitzaz

Bench snubs objection, asks the PM’s counsel to wrap up his arguments.

ISLAMABAD:

For all his attempts to change the bench, and buy more time, the premier’s advocate was asked to wrap up his arguments at the next hearing.

Barrister Aitzaz Ahsan insisted that a ‘fair trial’ of his client is only possible if a separate bench is constituted, distinct from the one that issued the notice to Prime Minister Yousaf Raza Gilani in the first place.

The seven-member trial bench, however, was not convinced.

Aitzaz said that the bench which serves the contempt notice cannot conduct the trial, adding that it is an infringement upon the fundamental right to fair trial and due process, as enshrined in Article 10-A of the Constitution.

The contempt of court ordinance 2003 is in conflict with Article 10-A, Aitzaz said.

“Do you want this ordinance to be declared void?” Justice Sarmad asked. “If a person commits contempt on the face of the court, would the bench not send him to jail,” he added.

Aitzaz replied in the affirmative, to which Justice Nasirul Mulk remarked that the counsel’s arguments mean that the very constitutional clause which strengthens the government should be abrogated.

“There are so many suo motu cases being heard every day, and in no case does the bench issuing the notice hear the case. Some other bench conducts the trial,” Aitzaz said.

Justice Ejaz Afzal noted that the proceedings could not be conducted if the issue of prejudice is raised too much.

Aitzaz contended that this is not a matter of personal like or dislike, but of fair trial.

He added that he was not disgracing any judge by saying that this bench cannot hear the case, but was only quoting the constitution.

During the hearing, Justice Mulk remarked that the counsel was repeating his arguments.

“I just wanted to emphasise my arguments for perusal of the bench,” Aitzaz replied.

“Do emphasise as much as we can digest,” Justice Osmani quipped.

The bench asked Aitzaz to conclude his arguments on the next hearing, on Monday, and refused to grant him any extra time when he requested.

Speaking to the media after the hearing, Aitzaz said that every citizen has a fundamental right to have a free trial and a due process, which is being taken away from the prime minister in the contempt case.

Clarifying media reports about his comments over the judges and the bench, Aitzaz said his party has complete trust in them.

(Read: On a collision course?)

Published in The Express Tribune, March 23^rd, 2012.