Thursday, February 09, 2012

Supreme Court hears Gilani’s intra-court appeal in contempt case


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ISLAMABAD: An eight-member bench of the Supreme Court of Pakistan is hearing the intra-court appeal of Prime Minister Yousuf Raza Gilani against decision of the larger bench of the apex court to charge him with.
The bench is headed by Chief Justice Iftikhar Muhamamd Chaudhry and comprises justices Shakirullah Jan, Anwar Zaheer Jamali, Jawad S Khawaja, Tariq Pervez, Amir Hani Muslim, Saqib Nisar and Khilji Arif Hussain.
During the hearing chief justice remarked that some points of appeal were objectionable. He said it was said in the appeal that the court was favoured by prime minister. “Do we sit here for seeking favour,” he remarked. The CJ remarked that the executive embarrassed himself and tried to influence the court. He remarked that nobody was above the law.
“We do not how you were convinced to write such things in the appeal” CJ remarked.”By the grace of Allah we did not bow before those who consider themselves powerful,” CJ remarked.
The CJ observed that the appeal itself was tantamount to contempt of court. Aitzaz Ahsan said paragraph regarding children of judges could removed from the appeal. Later, paragraphs 42,45 and 51 were removed form the appeal.
Aitzaz Ahsan said he was appearing before the CJ after four years. “You had taken part in the the movement in your personal capacity,” Justice Anwar Zaheer Jamali remarked.
Ahsan said that not prime minister but Yousuf Raza Gilani will have to go to jail. He said he did not want confrontation between state institutions.
He said that his client should be given benefit of doubt. “How many options do you have. the case has entered in final phase,” Justice Saqib Nisar said. He said the prime minister’s conduct would be very important in cumming days.
Aitzaz said the seven member bench had used very strict language in its six options. He also read the bench order regarding President Asif Ali Zardri’s interview to a private television.
Cheif Justice said court options were for its itself not for anybody else. He said that whatever was told Hamid Mir in the TV interview was a reality and it was not denied by anyone. He said that the president had said letter would not be written to Swiss authorities. “How could we move forward in this situation,”.
“We will terminate the proceeding now if letter is written,” CJ remarked. He said the PM had no right to ridicule the court.