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Aitzaz contests bench’s right to hear PM’s case
ISLAMABAD — Presenting his arguments in the contempt case on Thursday, Barrister Aitzaz Ahsan maintained the bench which serves the contempt notice cannot hear the case.
Representing Prime Minister Yousuf Raza Gilani, Aitzaz told a seven-judge bench of the Supreme Court that Article 10(a) of the Constitution provides a right to free trial which bars the bench issuing the contempt notice from hearing the case.
Responding to Aitzaz’s contentions Justice Gulzar observed that it does not matter if the contempt hearings are initiated on an application or on a suo motu notice, the same bench will hear the case.
Justice Sarmad Jalal Usmani asked Aitzaz Ahsan that if a person commits contempt in front of the bench, would the bench not send him to jail. The lawyer replied in the affirmative to which Justice Nasirul Mulk, heading the bench, remarked that Aitzaz’s arguments mean that the very article of the Constitution which strengthens the government should be abrogated.
The Supreme Court initiated contempt proceedings against Gilani after the government refused to write a letter to Swiss authorities in the National Reconciliation Ordinance (NRO) implementation case. The hearing was adjourned till Monday.
Earlier, talking to reporters Prime Minister Gilani said there was no political instability in the country; all state institutions, including parliament, judiciary and a vibrant civil society, were well in place and functional.
In reply to a question about reports of his resignation and reshuffle in the federal cabinet, he said: “Cabinet reshuffle is a routine matter; my resignation is not.” Asked about a warning by the Difa-i-Pakistan Council, a conglomerate of radical elements, that it would not allow reopening of Nato supply routes, Gilani said a decision about this would be made by parliament, and not by any individual.
He said a report by a parliamentary panel had already been presented before a joint sitting of parliament.
Gilani said that under Article 248 of the Constitution, it was the president’s responsibility, and not the prime minister’s, to ask the court for immunity.
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