Islamabad: Appearing before the Supreme Court, Pakistan’s embattled Prime Minister Yousuf Raza Gilani on Thursday said he has complete respect for judiciary and cannot think of committing any contempt but stood his ground that his government could not reopen graft cases against President Asif Ali Zardari as he enjoyed complete immunity.
Presenting himself before a seven-judge bench headed by Justice Nasir-ul-Mulk in compliance of its directive after being slapped with a contempt notice, Gilani appeared to have earned a breather when the apex court adjourned the hearing till February one and exempted him from personal appearance on future dates.
Backed by top lawyer Aitzaz Ahsan, a barrister, the 59-year-old Prime Minister, the second premier in office to appear before a court in contempt proceedings, said he could not even think of committing contempt of court as he had complete respect for the judiciary. The bench appreciated Gilani’s decision to appear before the apex court, with Justice Asif Khosa, a member of the bench, saying his appearance showed the supremacy of law. However, the court raised the question why the government had not acted on its past orders to reopen the cases of alleged money laundering against Zardari in Switzerland after the National Reconciliation Ordinance, a graft amnesty passed by former President Pervez Musharraf, was struck down in 2009. Explaining his government’s position, Gilani said Pakistan’s constitution gives full immunity to the President within the country and abroad. Moreover, Presidents of all countries around the world too have immunity, he pointed out in an extempore statement before the bench that lasted a little more than five minutes. Gilani said his government was bound to act according to the Constitution and the law.
Gilani’s lawyer Ahsan, one of Pakistan’s leading legal experts, told the bench that the President enjoyed immunity under both the country’s Constitution and the Vienna Conventions. Ahsan said the apex court should not force the government to write a letter to the Swiss government that becomes a joke, and creates a situation whereby the Swiss authorities say they cannot act against Zardari as he is protected by the Vienna Conventions.
The bench asked Ahsan if the government would contact the Swiss authorities if it is proved that the President does not have immunity.
Ahsan then sought a month’s time to study the records of the case but the bench directed him to submit a detailed reply at the next hearing on February 1. Ahsan told the court that the current proceedings pertained to the contempt notice and he intended to argue that the premier had not committed contempt of court.
The reasons for not acting on the court’s past orders could be explained by the Law Secretary, he said. Talking to reporters after the hearing, Ahsan said he intended to satisfy the court that “under Article 248 of the Constitution, the (President’s) immunity in this case is complete”.
Though a lot of hype had been generated about the premier’s appearance in the court, the proceedings were completed without much drama in about 90 minutes. After the hearing, a group of unruly lawyers created a commotion outside the main entrance of the apex court by shouting slogans in support of the judiciary and against Ahsan.
The premier’s security detail asked him to leave the court through a side entrance due to the protest by the lawyers but he insisted on coming out of the main door and driving away in his white SUV with Interior Minister Rehman Malik. (PTI)
