Second time’s a charm?: Gilani files review petition against disqualification

ISLAMABAD:

Former premier Yousaf Raza Gilani personally approached the Supreme Court on Saturday in the latest attempt to move a review petition against his disqualification in the National Reconciliation Ordinance implementation case.

Legal experts are of the opinion that if Gilani’s application is fixed before any bench, the court will determine how a time barred review could be allowed at this stage. The Supreme Court’s Registrar Office had earlier returned his review application with procedural objections.

On April 26, 2012, Gilani was symbolically sentenced a 30-second detention after he was found guilty in the NRO implementation case for refusing to write a letter to the Swiss authorities requesting them to reopen graft cases against President Asif Ali Zardari.

The apex court went on to disqualify him on June 19, 2012, from holding any public office for the next five years.

In his review petition, Gilani held that his refusal to comply with the court’s order was an act of a prime minister, not an individual. “I took the step after consultation with my cabinet; however, I have been disqualified in personal capacity,” Gilani told reporters after filing the same petition in the apex court.

Gilani stated in the petition that his act was not criminal in nature, insisting that President Zardari enjoys immunity under the Constitution, which he (Gilani) was under oath to protect.

The former premier also pointed out that the letter controversy had been resolved and there was no justification for his disqualification. The letter that was dispatched to Swiss authorities also conceded presidential immunity, he added.

He also mentioned his struggle and the steps taken by him for the restoration of the judiciary, including that of incumbent chief justice Iftikhar Muhammad Chaudhry, despite facing immense pressure.

Gilani said that not a single member of his family had ever committed contempt and added that he wished to remove this stigma.

Responding to a question, the former premier said that he approached the court after taking his party, the Pakistan Peoples Party, Chairman Bilawal Bhutto and Co-chairman President Zardari into confidence.

Published in The Express Tribune, February 3^rd, 2013.