Gilani to file appeal against apex court verdict: Aide
Attorney says he’s waiting for ex-PM’s nod to file a review against the judgment.
Attorney says he’s waiting for ex-PM’s nod to file a review against the judgment.
ISLAMABAD:
Former prime minister Yousaf Raza Gilani has finally decided to file an appeal against his disqualification by the Supreme Court from contesting elections for the next five years.
A close aide to the former premier told The Express Tribune on Monday that Gilani took the decision after consultations with his lawyers who have reviewed all legal aspects of the matter.
“Gilani sahib’s decision to file an appeal came with the consent of Pakistan Peoples Party’s (PPP) top leadership,” he said. “President Asif Ali Zardari wants active participation from Gilani in the next general elections — particularly in South Punjab,” the aide added.
Faisal Chaudhry, counsel for Gilani, was of the view that his client’s position has already been vindicated by the apex court in the letter dispatched to Swiss authorities months back. “Being his counsel, I’m waiting for his nod to file a review in the apex court against its June 19 judgment.”
The review will be filed on several grounds but Nawaz Sharif’s plane-hijacking case would be a more prominent ground for my client, Chaudhry said. Pakistan Muslim League-Nawaz chief Sharif had filed a review against his conviction in the plane-hijack and helicopter cases.
Together with the top party leadership, Gilani will also discuss this issue in detail during PPP’s Central Executive Committee meeting to be held at Garhi Khuda Bux on December 27, added his close aide.
“Every citizen of Pakistan, even if he/she is convicted of any offence, is legally entitled to file a review against the judgment of any court,” said senior apex court lawyer Ali Zaffar.
He, however, explained that legally the review must be filed within 30 days of the verdict. In Gilani’s case, he said, although the period of 30 days had expired, it was now solely the apex court’s prerogative to accept his review plea just like the one filed by Nawaz.
Zaffar said the former premier was available in Pakistan and could have filed the review in time unless there was a legitimate and legal reason for the delay. “But the review petition would most likely be dismissed [because of the] delay,” he observed. However, if the apex court accepts the petition then Gilani has substantial ground to argue the case and request the court to reverse the findings against his disqualification, the lawyer stated.
Political commentator Harris Khalique observed that if the judiciary can give relief to Nawaz Sharif after nine years and let Shahbaz Sharif’s government run on a stay order for more than four years, it must also review Gilani’s disqualification.
Published in The Express Tribune, December 25th, 2012.
Former prime minister Yousaf Raza Gilani has finally decided to file an appeal against his disqualification by the Supreme Court from contesting elections for the next five years.
A close aide to the former premier told The Express Tribune on Monday that Gilani took the decision after consultations with his lawyers who have reviewed all legal aspects of the matter.
“Gilani sahib’s decision to file an appeal came with the consent of Pakistan Peoples Party’s (PPP) top leadership,” he said. “President Asif Ali Zardari wants active participation from Gilani in the next general elections — particularly in South Punjab,” the aide added.
Faisal Chaudhry, counsel for Gilani, was of the view that his client’s position has already been vindicated by the apex court in the letter dispatched to Swiss authorities months back. “Being his counsel, I’m waiting for his nod to file a review in the apex court against its June 19 judgment.”
The review will be filed on several grounds but Nawaz Sharif’s plane-hijacking case would be a more prominent ground for my client, Chaudhry said. Pakistan Muslim League-Nawaz chief Sharif had filed a review against his conviction in the plane-hijack and helicopter cases.
Together with the top party leadership, Gilani will also discuss this issue in detail during PPP’s Central Executive Committee meeting to be held at Garhi Khuda Bux on December 27, added his close aide.
“Every citizen of Pakistan, even if he/she is convicted of any offence, is legally entitled to file a review against the judgment of any court,” said senior apex court lawyer Ali Zaffar.
He, however, explained that legally the review must be filed within 30 days of the verdict. In Gilani’s case, he said, although the period of 30 days had expired, it was now solely the apex court’s prerogative to accept his review plea just like the one filed by Nawaz.
Zaffar said the former premier was available in Pakistan and could have filed the review in time unless there was a legitimate and legal reason for the delay. “But the review petition would most likely be dismissed [because of the] delay,” he observed. However, if the apex court accepts the petition then Gilani has substantial ground to argue the case and request the court to reverse the findings against his disqualification, the lawyer stated.
Political commentator Harris Khalique observed that if the judiciary can give relief to Nawaz Sharif after nine years and let Shahbaz Sharif’s government run on a stay order for more than four years, it must also review Gilani’s disqualification.
Published in The Express Tribune, December 25th, 2012.