PM Gilani to be indicted in contempt case on Feb 13

The Supreme Court has summoned Prime Minister Yousuf Raza Gilani on Feb 13 ruling that he committed contempt of court by not implementing court orders. Charges would be framed against the prime minister during his presence in the court on Feb 13. It was a shock announcement in a long-running case that significantly escalated pressure on the embattled prime minister, threatening to plunge his weak government deeper into crisis and force early elections within months. Head of the seven-judge bench Justice Nasir-ul-Mulk told the court there were grounds to proceed against Gilani over the government's refusal to follow a court order and ask Swiss authorities to re-open corruption cases against President Asif Ali Zardari. Earlier, the Supreme Court asked prime minister's counsel Barrister Aitzaz Ahsan, to complete his arguments as the larger bench of the apex court resumed hearing. Barrister Aitzaz Ahsan told the court that the prime minister acted on the advice of ministry in accordance with rules of business. Justice Nasirul Mulk remarked that on one hand there was advice and on the other hand there were clear court orders. Can the prime minister not reject the advice, Justice Nasir asked. Aitzaz Ahsan replied that he can reject but the safe way was to implement it. He said that contempt case could not be initiated against the prime minister even the advices were wrong. Ahsan said that he wanted to save the court from embarrassment. “Do you want to say court’s respect will be increased by not implementing its orders” Justice Asif Saeed Khosa remarked. Justice Nasirul Mulk remarked that law secretary had told the court that Swiss cases against President Asif Ali Zardari could not be reopened. Aitzaz Ahsan, hugely respected by judges for his role in forcing the government to reinstate independent judges in March 2009, has been presented as the best defence lawyer capable of finding a way of getting Gilani off the hook. But in some staggering exchanges in court, the judges seemed determined to force the prime minister to write to the Swiss authorities, although the Swiss themselves have said there is no case as long as Zardari is head of state. "Suppose we discharge the (contempt) notice and withdraw the proceeding, what will you do? Will you write a letter or not?" Judge Sarmad Jalali asked Ahsan at one point. Ahsan said that first the contempt notice had to be discharged. "If you order writing the letter, it will be carried. But you have to decide on the contempt issue. I seek discharge of the notice on merit and I will not give any commitment on conditional discharge of the notice." Judge Asif Saeed Khosa also enquired why the letter had not been written. "This is the court's order and there is clear direction from the court." Ahsan argued that the cases in Switzerland have been disposed off. The allegations against Zardari were frozen by a Pakistani political amnesty imposed in 2007, which the courts overturned in late 2009.