PM indicted for contempt

ISLAMABAD - Prime Minister Yousuf Raza Gilani was indicted on Monday for contempt of court for wilfully defying the Supreme Court judgment requiring him to write to Swiss authorities for reopening cases against the NRO beneficiaries, including President Asif Ali Zardari.
Gilani is the second Prime Minister who has been indicted by the Supreme Court. The contempt of court charges were framed against PML-N chief Nawaz Sharif when he was prime minister in November 1997 for speaking against the judiciary in a press talk.
However Qamar Zaman Kaira, secretary information Pakistan Peoples Party, told reporters outside the court. “For the first time the prime minister has been charged. It’s a sad day for Pakistan.”
If convicted, Gilani could be imprisoned for six months and face possible removal from office after being disqualified from holding public office for five years.
The prime minister appeared in person along with his counsel Aitzaz Ahsan before a seven-member bench, headed by Justice Nasirul Mulk. Within minutes of appearing Justice Nasirul Mulk read out the indictment.
However, the PM pleaded not guilty and said he would defend his case. He was exempted from personal appearance for the time being.
Attorney General Maulvi Anwarul Haq was asked by the apex court to act as the prosecutor by the SC.
A two-page charge-sheet signed by all seven judges of the bench read, “Syed Yousuf Raza Gilani, Prime Minister of Pakistan, has wilfully flouted, disregarded and disobeyed the direction, given by this court in Para 178 in the case of Dr Mobashir Hassan vs Federation of Pakistan (PLD 2010 SC 265), to revive the request by the government of Pakistan for mutual legal assistance and status of civil party and the claims lodged to the allegedly laundered money lying in foreign countries, including Switzerland, which were unauthorisedly withdrawn by communication by Malik Muhammad Qayyum, former attorney general for Pakistan, to the concerned authorities, which direction you were legally bound to obey and thereby committed contempt of court within the meanings of Article 204(2) of the Constitution of Islamic Republic of Pakistan 1973 read with Section 3 of the Contempt of Court Ordinance (Ordinance V of 2003), punishable under Section 5 of the Ordinance and within the cognisance of this court… We thereby direct that you be tried by this court on the above said charge.”
After reading the indictment Justice Nasirul Mulk asked the prime minister whether he had “heard the charges and understood them?” The PM’s reply was ‘Yes’. The judge then asked, “Do you plead guilty to the charges?” The PM said ‘No’. Justice Nisar further asked, “Do you have any defence to make?” The prime minister stated, “I will file my written statement through my counsel.”
Attorney General for Pakistan Maulvi Anwarul Haq, who was present in the court, was asked to act as the prosecutor under Order 27 Rule 7 (2f) of the Supreme Court Rules. The AGP would produce the relevant documents and list of the witnesses by February 16, 2012 and then exhibit them in the court on February 22, 2012.
Gilani’s counsel Aitzaz Ahsan said: “I have to file nomination paper for Senate in Lahore and from 18th to 21st (of February) I will be in London so give me time to file the reply.” He said that as it is the trial of the PM therefore he would prefer everything should proceed in the presence of his counsel. Justice Nisar replied: “We understand you should be present in the trial proceeding.”
The court adjourned hearing of the case till February 22, asking Aitzaz to file the defence document and list of the witnesses by February 27. The evidence of the defence will be recorded on 28th, after that, a date will be set for trial.
Before leaving the court after the hearing, Barrister Aitzaz Ahsan told journalists that contempt proceedings are unique in nature and added, “We are going to defend the prime minister.” To a question regarding the architects of NRO, he said they all have left the country.
The court dismissed Barrister Zafarullah’s plea to become party in the case. Justice Nasirul Mulk said: “We don’t allow you to be the party in this case. At anytime we need your assistance, we will give you the opportunity.” The contempt proceeding is between the court and the contemnor, he said.
PM Gilani arrived at the Supreme Court along with some other PPP leaders amid stringent security around Red Zone area of the federal capital, which was sealed for all kinds of traffic and pedestrians alike. Helicopters buzzed over the capital. PM Gilani was allowed to drive his car inside the court premises. The permission was granted by the SC’s Registrar late on Sunday night owing to security concerns.
Chaudhry Shujaat Hussain, Asfandyar Wali Khan and federal ministers including Ghulam Ahmed Bilour, Dr Firdous Ashiq Awan, Syed Khurshid Shah, Mir Changez Jamali, Chaudhry Ahmed Mukhtar, Rehman A Malik and Maula Bakhsh Chandio, Governor Punjab Sardar Latif Khan Khosa and a large number of members of the parliament and leaders belonging to PPP were also present in the courtroom during the contempt proceedings against the prime minister.
Some experts have pointed out that President Zardari could pardon PM Gilani by using his powers. But S M Zafar, senior lawyer of the Supreme Court and a legal expert, is of the view that if Gilani is convicted and is granted a presidential pardon, the amnesty would apply only to the punishment handed down by the court while the conviction would remain on record. Therefore, he says, the premier could be disqualified despite securing presidential pardon.
President Asif Ali Zardari and his wife, former Prime Minister Benazir Bhutto were convicted in abstentia in 2003 of laundering millions of dollars received in bribes. The Swiss authorities, however, closed the cases against the PPP leaders at the request of Malik Abdul Qayyum, former attorney general. He wrote letter to the Swiss authorities withdrawing mutual legal assistance and civil party right in 2008.
An eight-member bench on February 10 dismissed the Intra-Court Appeal (ICA) of the prime minister against the February 2 order of the same seven-member bench to frame charges against the PM. On February 2, the bench had decided to charge prime minister with contempt of court for refusing to write letter to Swiss authorities for reopening graft case against President Asif Ali Zardari. A show cause notice was issued to Gilani on January 16, 2012 for not implementing the apex court judgment on National Reconciliation Ordinance (NRO) dated December 16, 2009. But interestingly no reply was filed by the PM.
Therefore, the court had summoned the PM. The PM appeared before a seven-member bench and stated that compliance of para 178 of the NRO judgment was not presently possible as the president has immunity under article 248. On February 2, the bench decided to frame charges against the PM on February 13.
It is worth mentioning that the Sindh High Court Bar Association case declared the former President Pervez Musharraf’s actions of November 3, 2007, and the permanency granted to certain Ordinances, including the National Reconciliation Ordinance, 2007, illegal, mala fide and void ab initio. However, it directed the government to place these ordinances before the parliament. But the parliament did not approved the NRO.
Subsequently, in the Dr Mobashir Hassan’s case (PLD 2010 SC 265), the provisions of the NRO 2007 were declared to be void ab initio, being ultra vires and violative of the constitution, and to be deemed to be non est from its inception. The directions were issued to revive all the previous/pending proceedings within and outside the country.
After the promulgation of the NRO, 2007, Malik Qayyum, ex-attorney general communicated/addressed letters to various foreign authorities for withdrawing the requests, which were earlier made by the government of Pakistan for mutual legal assistance, surrendering the status of civil party, abandoning the claims to the allegedly laundered moneys lying in foreign countries, including Switzerland, which were also declared to be unauthorised and illegal communications and consequently of no legal effect.
The court declared the initial requests for mutual legal assistance for securing the status of civil party and claims launched to the allegedly laundered moneys lying in foreign countries, including Switzerland were declared never to have been withdrawn; therefore, the federal government and other concerned authorities were ordered to take up immediate steps to seek revival of the said requests, claims and status.
During the proceedings of Dr Mobashir and others cases, the National Accountability Bureau (NAB) was asked to furnish the details of the NRO beneficiaries. The NAB chairman informed the court that there were two categories of beneficiaries, namely, the holders of public office whose cases were pending inside and outside Pakistan in which $60 million were involved for which a request for mutual legal assistance and civil party proceedings had been made by the federal government.
As far as the category of beneficiaries inside Pakistan was concerned, this court, in exercise of powers under article 187 read with article 190 of the constitution directed the NAB or any other executive authority to supply requisite information. In the wake of this judgment, it was incumbent upon the federal government to implement the NRO judgment, particularly with reference to revival of the cases outside the country.
On different occasions the federal government and the prime minister, being the chief executive of the country, were asked to implement the order, but the same was not done. Therefore after the dismissal of review petition, the Supreme Court constituted a five-member bench to ensure the implementation of the order, particularly the revival of proceedings outside the country by writing a letter.