Despite discord over whether the government should aim for an appeal or use the National Assembly speaker’s office as a strategy, Prime Minister Yousaf Raza Gilani has given his approval to a draft of the appeal prepared by his defence team. The draft consists of around 150 objections to last month’s Supreme Court verdict convicting him on charges of contempt.
Barrister Aitzaz Ahsan, the lead counsel for the premier, shared the draft of the appeal with him in a meeting at the Prime Minister’s Secretariat. Prime Minister Gilani approved the draft after some “fine-tuning” and gave his counsel the go-ahead to file the draft once a final decision is made, sources said.
“Almost 150 questions have been raised against the April 26 short order as well as the May 8 detailed verdict. All (these) questions in my opinion require detailed examination. I cannot share more than this with any one at this moment,” Aitzaz remarked while talking to The Express Tribune.
Meanwhile, the legal brains of the government remain divided over the option of filing an appeal, with some saying that the speaker should be exercising her authority and use the provision under article 248-1 that grants the prime minister immunity against actions he takes in good faith.
When asked if a final decision has been taken over exercising the appeal option, Aitzaz replied: “All options are open at the moment.”
Sources said lead counsel Aitzaz Ahsan is a strong opponent of using the speaker’s office and has been pressing the government to use the right of appeal. The appeal is likely to be filed on Friday or Saturday, before the legally granted 30 days deadline expires.
A close aide of Aitzaz said that according to the defence team’s point of view, the appeal will have to be filed before the lapse of the deadline, the countdown for which started on April 26 – although there has been some controversy in legal circles over whether the countdown started on the day of the short order or the detailed verdict. Sources in the attorney general’s office told The Express Tribune that the main contents of the appeal will include objections like the prime minister’s written statement not being considered during the hearing of the case.
Secondly, the initial charge framed in the contempt of court case did not include the words “ridicule” which were later made part of the decision. Under the law, the decision is made on the basis of framed charges. Thirdly, the attorney general, acting as the prosecutor, could not find any evidence from the official record against the premier but he was convicted all the same.
Another key point in the proposed appeal draft will be that the newly included constitutional provision under article 10-A that grants every accused a guarantee of a fair trial was not exercised in this case. According to the defence team, the judges who initiate proceedings on their own cannot be judges for their own cause. Moreover, under section 342 of the Criminal Procedure Code (CrPC) at the end of every trial an accused is given an opportunity to be heard before a final decision is made. The defence team claims that this was not done in this case.
Published in The Express Tribune, May 24th, 2012.
COMMENTS (13)
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I wish our leaders had some shame. All of them have ganged up against the judiciary to protect each other's black deeds.
Probably asked him to add some pictures so it would be easier for him to follow :)
If the Supreme Court of Pakistan is SUPREME then "the National Assembly speaker’s office"
will be no help to Mr. Gilani. The president of Pakistan, Zardari, can save him; but will he??
This only shows the moral bankruptsy on the part 0f the PM,he does not have the courage to step down,how will he face the electorate?
PM goes bye bye like Hussain Haqqani. Have you booked economy or first class beta?
This is called the addiction of power,chair and authoritativeness and every leader needs it.
The mumbling Aitizaz is now going to handle the issue politically as he has no legal arguments to support his client as defiance shown by the convicted PM is known to each and every citizen of this country.
If the supreme court and all these desperate-to-get-into-power freaks leave the government alone and actually let them work, than they will probably get something done. Since day 1 of this government, there has not been a headline in the newspapers that did not say the government is going to collapse.
Mr. Aitzaz learn some lessor from Mr. Babar Awan fate.
"Prime Minister Gilani approved the draft after some “fine-tuning”..." And what would the PM know about the law?
The PCO judges were the prosecutors to frame the charges and then provide the justice at the same time. In addition by starting the case in the SC and not in lower court the PCO CJ deprived the defense of the right to appeal to a higher court. Now the appeal cannot be judged independently as it is going to the same office. In other words the charges were framed and judged by SC judges and the appeal can only be judged by them! Where is the right to a fair trial, making a statement in one’s defense and appeal to a higher court?
What a prime minister we have. People are getting killed in Karachi and in drones, and he trying to save himself and beloved president.