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Rs15.00 Vol II No 201 22 Pages Islamabad — Peshawar Edition
Tuesday, 17 January, 2012 Safar 22, 1433
SC finds PM in contempt
Allies decide Gilani will appear in SC ISLAMABAD STAFF REPORT
SC issues show-cause notice to Gilani telling him to appear in court on 19th and explain why he should not be held in contempt
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ISLAMABAD MASOOD REHMAN
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HE Supreme Court issued a contempt of court notice to Prime Minister Yousaf Raza Gilani on Monday for failing to implement the National Reconciliation Ordinance (NRO) verdict and directed him to personally appear in court on January 19 and explain why contempt of court proceedings should not be initiated against him for not obeying court orders. A seven-member special bench headed by Justice Nasirul Mulk issued the contempt notice after Attorney General Maulvi Anwarul Haq told it that he had not received any instructions from the government so far about implementation of the NRO verdict. The bench was formed to decide six options suggested earlier by a five-member bench on January 10 that the court could take in the case. At the outset of the hearing, the court was told that the attorney general was not present as he was appearing before the judicial commission probing the memo case at the Islamabad High Court. The court then adjourned the proceedings for some time and summoned the attorney general. When the attorney general finally arrived, he
told the court that he had conveyed the January 10 order containing six options to the president, prime minister and all other authorities concerned. To a court query, he said he was not given any instructions from the government in the matter. The court then gave him some time to seek the government’s instructions, however, he failed to get any instructions during that time. Justice Nasirul Mulk then observed that when one does not turn up, it is considered that one has nothing to say. When the court enquired about writing of a letter to Swiss authorities to reopen money laundering cases against President Asif Ali Zardari, the attorney general said he had not received any instructions from the government to this effect either. He said option six of the court’s order was very clear. The court then asked him to give arguments on the six options and noted that if anyone wanted to defend themselves, they should appear in court. The attorney general told the court that he wanted to give arguments on implementation of the NRO verdict. He said the NRO verdict could be enforced through the high courts, thus it should be referred to the high courts. However, to a court query, he said under Article 187 of the constitution, issuance of any order was the
NA passes pro-democracy resolution ISLAMABAD STAFF REPORT
discretion of the apex court. Justice Ejaz Afzal Khan noted that the time had not come to enforce the NRO verdict through the high courts. During the hearing, Justice Asif Saeed Khan Khosa noted that the office of the prime minister was very respectable. He said the impression that the court had given six options to the government was wrong, as he said these options were for the court’s own consideration. He also pointed out that it was wrong to suggest that the court declared the prime minister dishonest. He said the court had written in its order that the failure or refusal of the prime minister to completely obey and execute the directions issued in the NRO case reflected that, at least prima facie, he may not be an “honest” person on account of his not being honest to the oath of his office. Meanwhile, the court issued a show-cause notice to the prime minister to argue why con-
tempt of court proceedings should not be initiated against him under the contempt law and personally summoned him on January 19. The court noted that the contempt notice should be considered and read in the backdrop of the January 10 order containing the six options.
Legal experts say the prime minister can lose his parliamentary seat if he is found in contempt of court. Pakistan People’s Party (PPP) Information Secretary Qamar Zaman Kaira told AFP that Gilani would appear in court. “God willing, he will,” said Kaira.
Gen Wyne advises Zardari to cooperate with judiciary ISLAMABAD
Words ‘dishonest’, ‘corrupt’ for PM misreported by media: Justice Khosa
SHAIQ HUSSAIN
The National Assembly passed with a majority on Monday the pro-democracy resolution originally moved by Awami National Party (ANP) chief Asfandyar Wali Khan. Amendments proposed by the Pakistan Muslim League-Nawaz (PML-N) were rejected and not included in the resolution, which was later read out by Water and Power Minister Naveed Qamar. Prime Minister Yousaf Raza Gilani congratulated the House on the passage of the resolution, while the PML-N and Pakistan People’s Party-Sherpao (PPP-S) lawmakers staged a walkout. Gilani said he would appear before the Supreme Court and the chief justice. “After becoming the prime minister, my first words were: release the judges,” said the premier. He said the government wanted no confrontation with any institution, including the judiciary, and that no one should degrade the mandate of the elected government. “We need no certificate to prove our patriotism,” he said, citing sacrifices rendered by PPP leaders for the cause of democracy in the country. He said he did not need to take vote of confidence and “if someone doesn’t like my face, they should move a no-confidence motion”.
As the political crisis facing the government grew worse on Monday with the Supreme Court issuing a contempt of court notice to Prime Minister Yousaf Raza Gilani for failing to implement the National Reconciliation Ordinance (NRO) verdict, Joint Chiefs of Staff Committee (JCSC) Chairman General Khalid Shameem Wyne called on President Asif Ali Zardari with a word of advice to opt for cooperation with the judiciary. General Wyne, in his meeting with the president here at the Presidency, observed that the army wanted the resolution of the memo scandal in the Supreme Court and was not in favour of any undemocratic or unconstitutional act, according to a source privy to the discussion. The military leadership was worried about the worsening political situation in the country and wanted the resolution of all issues between the state institutions within the ambit of the constitution and in accordance with the law, he said. He said the JCSC chairman said every other institution should also opt for restraint and not
Prime Minister Yousaf Raza Gilani will appear in the Supreme Court on January 19 in response to the contempt of court notice from the apex court, a meeting of coalition partners at Prime Minister’s House decided here on Monday. The coalition partners also agreed to support the resolution in the National Assembly moved by Awami National Party (ANP) President Asfandyar Wali Khan. Earlier, President Asif Ali Zardari, setting aside all protocol, arrived at PM’s House to attend the meeting. According to sources, President Zardari took part in the meeting to show his support for the prime minister. The President thanked the coalition partners for their consistent support to the government and emphasised that parliament was the supreme institution and the government would not accept supremacy of any other institution over it. He said the government would not allow the derailment of democracy and would implement the court verdicts according to law and the constitution. He said he was equally responsible for the good and bad things done by the government, but Pakistan’s development and stability was linked with democracy and the Pakistan People’s Party (PPP) had given sacrifices for democracy in the past and would do so in future. The president recounted the achievements of the government including the passage of the 18th Amendment, provincial autonomy, the NFC Awards, Aghaz-eHaqooq-e-Balochistan Package, rights to Baloch people and promotion of provincial harmony. He appreciated the role played by the Pakistan Muslim League-Quaid (PMLQ) and the Muttahida Qaumi Movement (MQM) in a difficult situation. He said Chaudhry Shujaat Hussain had a political brain and the government had given great importance to his suggestions. He also backed the decision of the parliamentary parties that the prime minister should appear in the Supreme Court on January 19. He said relations with the courts and army were on the right path and the government would not adopt a policy of confrontation. He hoped that the political situation would soon normalise. PML-Q central leader and Federal Senior Minister Chaudhry Pervaiz Elahi announced his party’s support for the PPP and said he was not one to leave friends in difficult times.
ISLAMABAD APP
confrontation as the country was facing serious challenges that could be overcome with harmony between the organs of state. “It’s time to follow the constitution and take every step in accordance with the law,” the source quoted General Wyne as saying. He said President Zardari told General Wyne that the government would never resort to any unlawful action and would fully abide by the constitution. “The president said he and his party were against clashing with any institution and wanted a good working relationship with all of them,” the source said. Chief of Army Staff General Ashfaq Parvez Kayani had also had a
meeting with the president on Saturday and discussed with him the political situation in the country. Political observers here attach great significance to these meetings against the backdrop of the government’s confrontation with the army and judiciary. To them, the purpose of these meetings was to convey to the political leadership the prevailing worry and concern among the military ranks over the grave political crisis. Meanwhile, a brief official statement issued after the meeting between General Wyne and President Zardari said: “Professional matters pertaining to the armed forces were discussed during meeting.”
Supreme Court Justice Asif Saeed Khan Khosa on Monday clarified that the bench never used words “dishonest” and “corrupt” for the prime minister in the context highlighted by the media and called the notion a misconception. He made these remarks while hearing the National Reconciliation Ordinance (NRO) implementation case on Monday. Justice Khosa was heading a five-member bench that authored the order passed on January 10 in which the bench gave six options for its consideration during future proceedings of the case regarding the implementation of the NRO judgment. Justice Khosa observed that a misconception was created about its order detailing six options which they had to exercise and these were not meant for the government as highlighted by the media.