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Contempt case: Pak SC indicts PM Gilani, puts country on trial

By News Desk
Updated Monday, 13 February 2012 20:02:20 - IST (UTC +5:30)


Pakistan's Supreme Court today indicted Prime Minister Yousuf Raza Gilani was today indicted for contempt who is firm on his stand not to revive graft cases against Asif Ali Zardari as directed by the court. Mr. Gilani presented himself in the court and pleaded not guilty to the charges.
Gilani, 59, was summoned by apex court following his refusal for over two years to approach Swiss authorities to reopen corruption cases against Zardari which were closed when Zardari became the President, on the pretext that the constitution gives him immunity against all charges.
When the hearing began, Justice Nasir-ul-Mulk, the chairman of seven-judge bench, read out the charge-sheet, which accused that Gilani has "willfully flouted, disregarded and disobeyed the direction given by this court." Gilani pleaded not guilty.
The court then directed Attorney General Maulvi Anwarul Haq to head the prosecution of the P.M. and to file documents on or before February 16. Next hearing will be on February 22. Defence has been directed to file counter evidence by February 27. Following this, a date is expected to be set for Gilani's trial. The court exempted Prime Minister from personally appearing in future hearings.
The indictment paving the way for Gilani's trial, marks another chapter to the over two-year long confrontation between the government and the judiciary.
Prime Minister himself drove his car to the court as an expression of respect to the judiciary. A larger bench, headed by CJ last week rejected Gilani's appeal against the summons issued to him in the contempt case.
Asked in an interview with Al-Jazeera whether he would stand down on being convicted, Gilani said: "Certainly, then there is no need to step down. If I am convicted, then I'm not even supposed to be a Member of Parliament." However, reports suggested the President can grant him pardon if court convicted Mr. Gilani.
"He still has the presidential pardon as a last shield," said Imtiaz Gul, an author and Islamabad-based political analyst, noting that President has powers under the Constitution to grant pardons.
This is the third time that a Pakistani Prime Minister was issued a contempt notice by the Supreme Court. Zulfiqar Ali Bhutto and Nawaz Sharif also faced similar orders.
PPP founder Bhutto was the first premier to face contempt proceedings, after he banned the Awami National Party (ANP) in 1974. The charge was dropped in 1976 due to the absence of proper evidence required for framing charges against Bhutto. In 1997, PML-N chief Sharif too faced contempt charges over an appointment controversy of SC judges. The premier was eventually exonerated after he submitted an apology.
The court's move deepens the political turmoil in Pakistan amid tensions between the civilian and military authorities and fraught relations with the United States.
Gilani said in an interview over the weekend with the satellite news network Al Jazeera that he had an "extremely capable" lawyer and didn't believe the court would jail him on the contempt charges.
Gul said that although the court's pursuit of this case has been controversial, it is motivated by good reasons.
"The Supreme Court is pressing ahead with its agenda, which is creating as much respect for the rule of law as possible," he said. "And it's driving home the message that all are equal under the law."
The corruption cases that the Supreme Court now wants reopened stem from money-laundering charges against Zardari and his late wife, former Prime Minister Benazir Bhutto. A Swiss court convicted them in absentia in 2003 of laundering millions of dollars.
After Musharraf granted a controversial amnesty in 2007 to Zardari, Bhutto, and thousands of other politicians and bureaucrats, Pakistan asked the Swiss authorities to drop the case. In 2009, the Pakistani Supreme Court ruled the amnesty was unconstitutional and called on the government to take steps to have the cases reopened.
The government has not done so, and the court apparently lost patience. Since Gilani is the head of the government, the court justices view him as responsible.
The heads of Gilani's political party's main coalition partners joined him in court on Monday in a show of solidarity.

Tags: News Desk Islamabad, Pakistan, Supreme Court, Prime Minister Gilani, Contempt case, indicted

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