SC says no contempt proceedings if immunity proven

ISLAMABAD, A seven-member larger bench of the Supreme Court, headed by Justice Nasir ul Mulk, urged the government to implement National Reconciliation Ordinance (NRO) verdict in its letter and spirit, observing that that proceedings in the contempt of court will be stopped if president s immunity proven.

The larger bench began hearing of the contempt of court case against Prime Minister Syed Yousuf Raza Gilani Wednesday, before adjourning it till today (Thursday), directing Barrister Aitzaz Ahsan, the prime minister s counsel to complete his arguments.

During proceedings, Justice Nasir remarked that there is no need for contempt proceedings if immunity is proven, however, Justice Asif Saeed Khosa said that if Ahsan failed to successfully argue his client s position then the premier would be charged with contempt of court.

To which Airzaz replied Satisfy the court on Article 248 is not mandatory during the initial hearing, adding the Prime Minister Gilani has full respect for the court and appeared before it without any reservations, praying the court to dismiss the contempt of court notice against the Prime Minister.

The Prime Minister himself can t read the detailed verdict issued by the court in NRO implementation case, therefore, he is assisted by his advisors and subordinates, which proposed him not to write to Swiss authorities, Aitzaz said. To which, Justice Nasir said that earlier the PM had said it was his own decision and that no one advised him.

Aitzaz contended that while there was no harm in writing the letter to Swiss authorities, not writing the letter was not tantamount to committing contempt of court.

To which, Justice Nasir-ul-Mulk said that the Constitution enabled the court to penalise those who would not comply with its orders.

The PM gave a priority to his subordinates over the court verdict and did not write the letter. He acts upon advices of his subordinate officials but not on the SC court rulings. This step is not an evidence of PM s goodwill and sincerity.

Aitzaz Ahsan contended on the issue of immunity to Zardari which is the main reason cited by the government not to ask the Swiss authorities to reopen graft cases against the President, as he (the President) has immunity both in and outside the country. My opinion was there is no issue in writing the letter, Aitzaz said.

There is a sound reasoning for not acting upon the court orders as PM enjoys immunity for discharging this duty.

Moreover, Justice Ejaz Afzal said that the letter to Swiss authorities should have been written and the issue of immunity would have come later.

Didn’t PM violate orders by refusing to write letter, Justice Khosa asked. ‘He acted on advice of aides, not on the orders of the court.’ Is this the sincerity that your client doesn’t write letter, he observed. Aitzaz argued that for implementation, the case should have gone to the High Court.

It is pertinent to mention here that on January 19, giving his point of view before the seven-member bench, Prime Minister Gilani said the president enjoyed complete immunity, afterward the court has exempted PM Gilani from appearing amid tight security and protocol.