Pakistani PM charged with contempt

**I hope PPP have contengency plan, if chop drops on neck of Gilani. It will be sad if this happens as Gilani all his drawbacks and limitations has kept the balance between opposing institutions. If this happens, this will be first time in the history of Pakistan.

Saying this, this CJ has no balls to call DG ISI and CAOS in his court for not producing missing persons and persons who were brutally tortured and killed in the prisons of Pakistan army without any justification. Again it will be very sad and grim situation in the history of Pakistan’s corrupt and biased judicial system. **

http://www.dawn.com/2012/02/12/gilani-says-he-will-resign-if-convicted.html

**Gilani says he will lose PM office if convicted

**
**ISLAMABAD: Prime Minister Yousuf Raza Gilani said if convicted of contempt of court, he would automatically lose his office so there was no need for him to quit.

“There’s no need to step down,” he said. “If I’m convicted, then I’m not supposed to be a member of the parliament.”

**Gilani, in an interview broadcast on Saturday, said corruption charges against President Asif Ali Zardari were “politically motivated” and that the president had immunity as head of state.

The premier’s statements were aired on the eve of a hearing at which he faces indictment for contempt of court over his refusal to request the reopening of corruption cases against his party chief.

“There had been a lot of cases against him, and they were all politically motivated,” Gilani told Al Jazeera television, referring to Zardari.

“He has got immunity. And he has not got immunity only in Pakistan, he has transnational immunity, even all over the world.”

In the wide-ranging interview, Gilani also criticised US drone attacks as counter-productive and said authorities in Islamabad gave no authorisation for them.

“I want to inform you that we did not allow or give permission to fly drones from Pakistan,” he said.

“Number two, drones are counterproductive. And we had discussed thoroughly with the US administration that we at times make a lot of efforts to very successfully isolate militants from the local tribes.”

Drone attacks generated negative reaction, he said, with tribesmen in areas bordering Afghanistan.

“Then the local tribes and the militants, they get united again,” he said. “They make our jobs extremely difficult. Then there is less political space for us.”

Gilani also said he had “good relations” with the military “at the moment”.

That was a reference to tensions pitting the civilian government against the military over the memo case.

Asked about the future of Afghanistan, Gilani said Pakistan would support any Afghan-led peace initiative and did not back the Afghan Taliban to take over.

“We are not supporting them. It’s not our job. Why should we support them?”

Gilani also said that India and Pakistan could not afford more conflict and were ready to discuss the issues that have long hampered the normalisation of relations.

“We have agreed to discuss all our core issues, including the issue of Kashmir,” he said.

re: Pakistani PM charged with contempt

poor PM :(

re: Pakistani PM charged with contempt

Indeed Bechara Kahi Ka :(

re: Pakistani PM charged with contempt

Gilani wants to be a political shaheed. There are more benefits for him and his family than actually following court's order. By remaining defiant and preferring party over judiciary, Gilani and his family could get more favors from party in future. The tenure of his government is close to being over anyway.

re: Pakistani PM charged with contempt

I actually do feel bad for our PM. He is a good man. Honorable. Corrupt has hell but to an extent he is honorable. He has done a good job keeping a balance between the Military, the complete ****ing idiot that is our President and the Courts. He is basically being sent to the chopping block by Zardari to protect his own skin. So much for leadership quality.

However on a legal basis the PM and its team is right. No sitting President can be accused of a crime. He has immunity. The courts in this case are over stepping their bounds.

re: Pakistani PM charged with contempt

Agreed.
Well he is convicted by court nothing any lose by ppp individual get Benifit thou SC just doing nothing but trying very hard to show power to prove that they are doing nam nehad justice. We are ruling by three powers. And each of it so corrupt.

re: Pakistani PM charged with contempt

This is what i've been talking about!!! The sympathy factor the PM which have his share in corruption, who have done nothing to provide any relief to the people, the man who somehow have his name or name of his son in almost every scandal or corruption... and when screw getting tightened against him... they sympathy factor wokeup... this is what PPP is banking on... this is what they want.. now let us all join hands and bash the SC who is convicting PM for not carrying out an order and using delaying tactics ( feudal normally use) and has been creating hurdle in the process of justice... lets vote him back again... clearly judiciary is against the PM because he is from PPP, and is more loyal to Bhutto family then the country it self... PM should get the highest award for this service, so what if he tried to make some money ( Tranperancy International ( the biggest liar on the planet earth, how can PPP or any of its minister including PM can be corrupt) says that there corruption in last 4 years amount RS 8,500 Bn)... SC is bad!!!!

re: Pakistani PM charged with contempt

http://www.dailytimes.com.pk/default.asp?page=2012\02\13\story_13-2-2012_pg1_3

PPP has 5 options if PM is convicted

By Hussain Kashif

LAHORE: The Pakistan People’s Party-led coalition government has evolved ‘star-strategy’ with five options to deal with any situation emerging out of an ‘unfavourable’ Supreme Court decision against Prime Minister Yousaf Raza Gilani today (Monday). It has decided to stick to its stance of ‘no apology, no excuse’ over reopening of corruption cases against President Asif Ali Zardari.

Gilani will personally appear before the apex court along with leaders of the coalition parties, the PPP sources confirmed. The coalition partners have ensured the PPP leadership that they would appear before the court along with the prime minister, party sources informed Daily Times on Sunday.

On last Friday, the Supreme Court had rejected Gilani’s appeal seeking to withdraw contempt of court charges, which the apex court levelled against him over his failure to reopen Swiss cases against President Asif Ali Zardari.

The PM has a constitutional stance on the issue that the president enjoys immunity in the country and abroad so he will not write a letter to Swiss authorities in this regard.

If the court found the PM guilty of contempt charges, he may face disqualification from his office and membership of parliament and a jail sentence.

The party, with the consent of the coalition partners in the government, is in a position to nominate a new PM as it had several candidates within parliament, including Khursheed Shah, Makhdoom Amin Faheem, Ahmad Mukhtar and Makhdoom Shahbauddin, the sources further informed.

They said that the central leadership of the party had considered all five options about the court decision on the contempt issue with its coalition partners as well as the core team members and agreed to follow the star-strategy.

In the first step of the strategy, it was planned that the PM would not apologise to the court on his stance about writing a letter to the Swiss authorities in any case and if the court would convict him (PM), the PM would immediately announce his resignation from his office and the parliamentary membership while President Zardari will pardon him later and his punishment will be ended.

According to the second option, if the apex court convicts him, he would not resign from his office as he could continue his premiership in the jail too till his disqualification from the assembly and soon after the verdict of the court against Gilani, President Zardari would pardon the PM using his discretionary constitutional powers and remove his conviction.

Under the third option, if the court sends the PM to jail convicting him in the contempt case, National Assembly Speaker Fahmida Mirza will issue production orders and the prime minister will attend assembly session as its member.

The fourth option is that if a reference of disqualification is forwarded to the speaker, she would not forward it to the Election Commission and the PM could keep his membership till the end of the five-year term of the government.

The last and fifth option which was considered by the party is that after the conviction and resignation of Gilani in the case, a new PM would be announced from the PPP one after another - as it had 127 members in the National Assembly - sticking with the same stance of presidential immunity before the court, the sources said.

re: Pakistani PM charged with contempt

If he is convicted wouldnt that make the political situation alot worse? Also why is it that our SC judges
dont try generals for treason ...if a PM could be tried for violating article 126...i say try all the generals ..esp Mush and everyone who commited treason...so all those ppl who are in high ups enjoying lavish lifestyles should get the msg that no one is above the law.

re: Pakistani PM charged with contempt

The court is underming itself. The SC does not have power to enforce its orders. Its orders are suppose to be implemented by the cxecutive branch. That is why there is need for judicial constraint b/c you don't want to issue verdicts that can't/won't be implemented by the cxecutive branch.

re: Pakistani PM charged with contempt

treason charges can only be brought/filed by the federal govt.... i don't know if any civilian govt have done that, SC is clear in its verdict about Nov 3 emergency plus, but civil govt didn't acted on it... so how can anyone blame SC on that

2ndly, then why we charge murderers and rapists and robbers??? because generals are not tried for treason, set them free!!! why we cry for the criminals.... hell why do we have police and judiciary to start with..

re: Pakistani PM charged with contempt

ISLAMABAD: The Supreme Court on Monday indicted Prime Minister Yousaf Raza Gilani for contempt of court in the National Reconciliation Ordinance (NRO) implementation case.

A two-page charge sheet was read out by Justice Nasirul Mulk, who headed the seven-member bench hearing the case.

The charge sheet said that the prime minister had violated Article 204 of the Constitution by not writing a letter to the Swiss authorities as ordered by the court. It added that the prime minister also violated paragraph 178 of the court’s verdict in the NRO implementation case.

Gilani pleaded not guilty and sought more time in the case. But, the court ordered Attorney General Maulvi Anwarul Haq to prosecute the prime minister and present more documents and proof to the court.

Gilani’s lawyer Aitzaz Ahsan told the court that he will present his arguments on February 22, while Gilani was ordered to bring sufficient evidence by February 27.

The prime minister was exempted from further hearings while the hearing was adjourned till February 22.

Prime Minister Gilani was served a contempt notice in the NRO implementation case when the government did not follow the court’s orders of writing a letter to the Swiss authority to reopen graft cases against President Asif Ali Zardari.

Pakistan Peoples Party (PPP) stalwart Barrister Aitzaz Ahsan is serving as Gilani’s lawyer in the case.

The Supreme Court has said it will only drop the summons if Gilani obeys its order to write to the Swiss authorities, asking them to re-open the cases.

If convicted, Gilani faces six months in jail and disqualification from office in a case that has fanned political instability and may force elections within months.

Re: Pakistani PM charged with contempt

So if bilawal has committed a crime and his father is president, then judiciary should not prosecute him because chances are that executive branch may not implement the decisions, in this case, judiciary should show judicial constraint... or selective justice i should say, leave the one in power alone and prosecute the one is weak...

Re: Pakistani PM charged with contempt

^^^ No, not really. Here is def or judicial constraint:

Re: Pakistani PM charged with contempt

It's the duty of the SC to decide every case on merit according to the prevailing laws in the country. They must not consider the consequences and adhere to the law in every situation. Whether the verdicts are implemented or not by the executive is not their problem.

In this case SC has shown their adherence to the lawful options available to them. On the other hand the government is using unlawful tactics by defying the court verdicts.

Re: Pakistani PM charged with contempt

No, this court is an activist court where CJ thinks he has popular mandate when he has none. He is ignoring well established concept of immunity for head of state & asking foreign govt to prosecute the president of its own country when the presiden't can't even be prosecuted in Pakistan while serving as the head of state.

Re: Pakistani PM charged with contempt

I want my USD 60 Million back, how can i get it? the freak who have looted it is in presidency!!! so what should i do??? wait till he eat that money up???

Re: Pakistani PM charged with contempt

Let's leave the immunity aside for the time being..

Court has given a verdict.. and according to the constitution of Pakistan it's implementation is binding on the executive. If they don't implement the court verdicts they are committing an act of criminality... period.

SC has indicted the PM for defying the court orders.. and PM will be given a full/fair chance to defend himself. If he feels he is justified to defy the court orders because of immunity he can always take this position in the court to defend himself.

Eventually the final authority lies with the SC to interpret any law in the country. To imply all the 17 judges of Pakistan's highest judiciary are less intelligent or incapable of understanding the actual lawful position regarding immunity or any other matter is a really an undesirable position. I think our highest judiciary understands the constitution and must have considered thoroughly the relationship between immunity and writing the letter. In any case what ever they decide (good or bad according to your perception) is binding on the executive.. according to the constitution of Pakistan..

On the moral level I do not understand any justice which can not act against the powerful.. we should release all the petty criminals who fill our jails if we are unable to prosecute the powerful in this country.

P.S
@Shamraz
I fail to understand that how a lawyer like you who is supposed to see things in black and white take a position which would justify the wrong doing of the executive (defiance of court order).. on another (alleged) wrong doing of the judiciary..

Re: Pakistani PM charged with contempt

This SC is hell bent on punishing PPP for reinstating them later than they would've liked. And in the process, they are undermining Judicial freedom, democracy, and everything else that has been achieved in the past few years.

Re: Pakistani PM charged with contempt

What Yazdi said is spot on. Agree with it all 100%.