Raza Gilani contempt case: Pak SC to resume hearing today

Pakistan’s Supreme Court will on today resume contempt of the court proceedings against Prime Minister Syed Yousaf Raza Gillani for his refusal to write to the Swiss authorities in connection with the graft cases against President Asif Ali Zardadri.

The apex court had earlier set the deadline for Gilani to approach the Swiss authorities till today.

The matter comes up for hearing two days after Prime Minister Gilani said that he was prepared to resign if the issue of approaching Swiss authorities for reopening graft cases against President Asif Ali Zardari was resolved by his departure.

"I will be happy if my quitting the post helps solve this issue," Gilani said while interacting with a group of reporters at his residence in Lahore.

Gilani referred to a "third option" resigning from the post of premier when he was asked about the Supreme Court's ultimatum to reopen the cases against the President or facing imprisonment for committing contempt of court.

"I am ready for the third option if the matter is resolved. But after my going, a new Prime Minister will have to face the same dilemma," he said.

Over the past few days, Gilani has said he will not write a letter to the Swiss authorities to revive the cases against Zardari as the President enjoys immunity from prosecution under the Constitution.

Gilani had been maintaining that all the cases abroad against the President had been conclusively closed by the competent authority of the concerned country and time for filing appeal had also lapsed.

He said the recommendations for not writing letters to the Swiss authorities were based on legal opinions including those of the former Law Secretary and a former Attorney General of Pakistan as well as other material and documents from Switzerland.

In his submissions to the highest court of Pakistan, he said that he acted on the advice expressed in the Summary put up by the Law Ministry. All other directions of the court had been complied with and implemented.

The Prime Minister said he has neither committed nor intended to commit contempt and acted strictly in accordance with the rules of Business. He said the prosecution has failed to link him to any willful and contumacious disregard. There is no question of any willful contumacy on his party.

Prime Minister in his statement maintained that the Head of State has absolute immunity in both criminal as well as civil jurisdiction of all other states under all international laws. He said he thinks it would be wrong to subject the constitutionally elected incumbent President of Pakistan to the authority of a magistrate of a foreign country and it should be avoided.

Pakistan PM Yousuf Raza Gilani to submit reply to re- open graft cases

Pakistan Prime Minister Yousuf Raza Gilani may submit a detailed reply on today regarding writing to Swiss authorities to re-open graft cases against President Asif Ali Zardari.

As per the Pakistan Supreme Court, Gilani had time till March 20 when it will take a decision on whether or not to go ahead with a case of contempt against him.

On Sunday, Gilani said he was prepared to resign if the issue of approaching Swiss authorities for reopening graft cases against President Asif Ali Zardari was resolved by his departure.

"I will be happy if my quitting the post helps solve this issue," Gilani said while interacting with a group of reporters at his residence in Lahore yesterday.

He referred to a "third option" - resigning from the post of Premier - when asked about the Supreme Court's ultimatum to reopen the cases against Zardari or facing imprisonment for committing contempt of court.

"I am ready for the third option if the matter is resolved. But after my going, a new Prime Minister will have to face the same dilemma," he said.

Over the past few days, Gilani has said he will not write a letter to the Swiss authorities to revive the cases against Zardari as the President enjoys immunity from prosecution under the Constitution.

The Premier has also said he would prefer to be jailed for contempt rather than violate the Constitution by acting on the apex court's orders to reopen the graft cases.

The Supreme Court has set March 21 as the deadline for Gilani to approach the Swiss authorities. The apex court will resume hearing a contempt case against the Premier on the same day.

During an interaction with journalists, Gilani said the issue of the President's immunity should be referred to Parliament just like the issue of the appointment of judges.

"I cannot waive the immunity. Even the President cannot do it. The President has absolute immunity even under international laws," he said.

"The Constitution grants immunity to the office of the President, who is part and parcel of Parliament. Therefore, the supreme legislative body is the best forum to deal with issues related to presidential immunity," he said.

Gilani described as wrong the impression that his Pakistan People's Party was behind the case of the funding of politicians by the Inter-Services Intelligence agency that is being heard by the Supreme Court.

"The judiciary has taken up the matter and will take it to its logical end," he said.

The Pakistan Prime Minister also criticised the government's critics, especially the PML-N, for remaining silent on this issue for 16 years.

"Why did they remain silent for 16 or so years. They could have gone to the court to clear their names," he said.

Pakistan PM faces contempt charges

Pakistan's supreme court on Thursday summoned PM Yousaf Raza Gilani to appear before it on February 13 to frame contempt charges against him for defying its orders to write to Swiss authorities to reopen a graft case against president Asif Ali Zardari.

Gilani told parliament later that he respects the court and will honour its request for a second appearance.

The court's order has ramped political crisis in the country, as Gilani could lose his job and face six months in prison if convicted. But the PM could avoid being charged by appealing against the order , apologizing or promising to write to the Swiss.

"After the preliminary hearing, we are satisfied prima facie that there is enough case for further proceedings. The case is adjourned until February 13 for the formal framing of charges. The PM will be present in person," said justice Nasir ul Mulk, who heads the seven-judge bench hearing the case.

Gilani's lawyer, Chaudhary Aitzaz Ahsan, told the court that the country's law ministry had advised him against writing to the Swiss. On this, justice Mulk remarked that the premier was efficient in listening, but did not give due consideration to the court's orders. "The PM has the right to turn down law ministry's advice," another judge pointed out.

Ahsan argued that the Swiss were told that the case against Zardari was closed after the National Reconciliation Order (NRO) that granted amnesty from graft cases to politicians as part of a deal between former PM Benazir Bhutto and military ruler Pervez Musharraf. "The Swiss authorities closed the cases on lack of evidence.''

The lawyer presented a summary of the Swiss response to the government in September 2010, which stated that there were no cases against the president there.

The court questioned why the summary has never been presented in any of the previous hearings. "If the cases are closed, then why the government is afraid of writing the letter," the court asked.

"The government should write the letter for our satisfaction and then we will see what the Swiss authorities have to say in reply.''

Since 2009, theSC has been insisting the government write to the Swiss about reopening of the case president Zardari after it threw out NRO. But the government has been defying its orders, claiming that the president enjoyed immunity from prosecution.