Lawyers agree with Gilani’s conviction and condemn PPP protests

The judiciary proved it’s independence by not succumbing to political pressure, say lawyers.

SUKKUR/ KARACHI: As the Supreme Court (SC) announced its verdict in the conviction of Prime Minister (PM) Yousaf Raza Gilani on Thursday in the contempt proceedings, an outpouring of comments in favour of the court’s decision started coming in.

The fact remains that Yousaf Raza Gilani stands convicted on charge of willful disobedience of the court, said the Supreme Court Bar Association (SCBAP) president, Muhammad Yasin Khan Azad.  “The detailed judgment is yet to come and till then, nothing can be said with certainty.”

According to Azad, the court has left the disqualification of Gilani as an MNA on the proper protocol involving the National Assembly speaker and Election Commission Pakistan (ECP). The Karachi Bar Association (KBA) president, Mehmoodul-Hasan, said that the implications and severity of the conviction remain the same whether it is recorded under section 3 or 5 of the Contempt of Court Act. “Gilani will be known as a convicted PM all over the world,” remarked the KBA president, saying that the implication is not limited to geographical boundaries of the country.

“For the first time in the country’s history, a sitting PM has been convicted. Earlier, the judiciary always sided with the rulers and armed forces.”

He disapproved the protests by PPP supporters, saying that such protests would take the country towards anarchy.

Anwar Mansoor Khan, a former Sindh High Court judge and one-time Attorney General Pakistan who resigned on the same issue of writing a letter to the Swiss authorities, said that the SC’s judgment is absolute and only the sentence is less due to mitigating circumstances. “It is now time for the ECP to decide on Gilani’s disqualification and his membership in the National Assembly.

The former general secretary of the Sukkur high court bar association (HCBA), Shabbir Shar, was also in favour of the court’s verdict but declared the reaction of the PPP leaders and workers as a mockery of the law and constitution. “If the government will not respect the courts, then who will?” he asked while saying that the court should be respected at all times. “Their response implies that whoever is not happy with the verdict can stage a protest outside the court.”

The Sukkur HCBA secretary general, Qurban Malano, conceded with his colleague and said that the prime minister should step down after the court’s verdict. “Whether it is for few seconds, few months or few years, conviction is conviction,” said Malano. “Gilani no longer holds the position of the prime minister and the ECP in view of the SC’s verdict can de-notify the PM’s seat and announce by-elections.”

Irrespective of whether the verdict is right or wrong, it has proven that the judiciary is independent, said the Sukkur bar association president, Hadi Bux Bhatt. “I am happy that the apex court has upheld its ‘One law for all’ slogan.”

Nationalists’ reaction

The Sindhi nationalist leaders greeted the SC’s verdict and asked the government to avoid confrontation. The Sindh Taraqi Pasand chairperson, Dr Qadir Magsi, praised the SC decision saying that the court resisted the government’s pressure and proved its independence. “If the Pakistan Peoples Party (PPP) does not implement the decision, the undemocratic forces will be provided a reason to play their part,” he warned. The Awami Tehreek president, Ayaz Latif Palijo, advised the PPP to announce elections instead of resorting to confrontation with the court by disobeying the order.

Published in The Express Tribune, April 27^th, 2012.