4:55 PM
Aitzaz Ahsan has said contempt of court could not be applied in NRO implementation case
Prime Minister Syed Yousaf Raza Gilani is not guilty of contempt of court but should bow to pressure and write to Switzerland about reopening graft cases against the president, Aitzaz Ahsan said Wednesday.
The comments from Aitzaz Ahsan are the clearest indication yet that Yousaf Raza Gilani may step back from the brink of further confrontation with the judiciary when he is summoned before apex court on Thursday.
The Supreme Court initiated contempt proceedings against Gilani, exasperated by his refusal to write to the Swiss asking them to re-open graft cases against President Asif Ali Zardari since an amnesty expired in 2009.
If the prime minister were to be charged with contempt, he would be stripped of office and could face up to six months in prison -- leaving little option but satisfy the judges, resign or risk being unceremoniously sacked.
"Asif Ali Zardari has complete immunity as president," Ahsan told reporters.
"There is no harm in writing a letter to the Swiss authorities. He enjoys immunity in Pakistan and abroad as long as he is president," he added.
The standoff between the government and the courts over corruption cases facing political leaders rests on principle alone given that Switzerland says Zardari is immune from prosecution as long as he remains in office.
Gilani s decision to appoint Ahsan as his lawyer has been seen as a conciliatory gesture to the judiciary -- on a collision course with the government that is widely expected to help force early elections this year.
Ahsan is a senior leader in Zardari s Pakistan People s Party (PPP) and well respected by the judiciary for his role at the vanguard of a lawyers movement that forced the government to reinstate independent judges in March 2009.
Ahsan said he did not believe Gilani would be convicted.
"I don t think the prime minister has committed contempt of court by not writing the letter. Through my arguments I will try to convince the court that the prime minister is not guilty of contempt."
PPP leaders accuse unnamed conspirators of plotting to bring down the government before its mandate ends in early 2013, in what many have interpreted as a judiciary-military axis working behind the scenes.
But the options open to Gilani are slim.
Former chief justice, Saeed-uz-Zaman Siddiqui, told AFP that Gilani could either resign or comply with the court s order.
"The matter has gone too far. It will only make sense if he complies with the court order after tendering an apology," Siddiqui said.
He acknowledged that the tussle was on principle given that the Swiss could not prosecute a sitting head of state under the Geneva Convention.
"The government should have written a letter to the Swiss authorities much earlier irrespective of consequences," he said.
Political and security analyst Imtiaz Gul agreed that the prime minister had no choice but satisfy the judges or face dismissal.
One compromise might be to write to the Swiss about the case while pointing out that Zardari has immunity and cannot be proceeded against.
"The fact that they chose Aitzaz Ahsan to represent the prime minister underscores the possibility of reconciliation," Gul told AFP.
"He is well respected and a good lawyer. They chose him to find a middle ground which may be a win-win situation for the court and the prime minister."
"But it all depends on how Gilani responds to the options and whether he can satisfy the court," Gul added.
Posted in: News
0 comments:
Post a Comment