The 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 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 contempt 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.
There was time when justices were under house arrest in the heydays of General Musharraf. There was a hope that new democratically elected government of Asif Zardari (not the PPP) would restore them after the departure of the despot but alas this did not happen. Asif Zardari tried his best to not to restore them but eventually did under the pressure of masses.
Now is turn of the Supreme Court who are calling the shots. Unfortunately, Pakistanis lack an element of forgive and forget. The judges are no exception. While being indecisive on many cases they are bent upon hammering weakling PPP government.
It serves Asif Zardari right. It is because of his abrasive style he is seeing these days. PPP is going to suffer for his actions.
The chief Justice of the supreme court has been taking so called notices of illegal actions but fell short of taking any action against an ethnic party who not long ago humiliated him on 12th May 2007. What would CJP say about former despot Musharraf who is due to arrive in Islamabad and who is without doubt guilty of violating constitution and treason.
What would CJP would say about the top generals who are running a state within state and do not give a damn to the PM who is their constitutional head. Where on earth one would find military chief demanding an apology from the PM, Not in the United Kingdom at least.
PMs in UK do not defy court orders nor political leaders mock judiciary. PM in UK do not declare their Army cheifs' acts unconstitutional- they prefer to sack them. PM of UK and other leadres do not beg other powers to protect them in return of lien ,over whole country. No NRO in UK, So…. please do not blame Independent Judiciary otherwise people will think that Musharraf was right in sacking such a CJ and his judges. Someone will have to start obeying laws. Otherwise it will continue to happen
You missed my point in referring to the PM of the UK. I did say that the Generals in the military of the UK would not dare to talk against the civilian government. Besides, PM of Pakistan. if guilty of contempt, should face the music.
Musharraf is a despicable litte despot. He violated constitution when he sent the whole judiciary into house arrest and made the so called 'dysfuntional' a term one would only find in jargonery of Pakistan.
You better visit your shrink again for a dose adjustment or did you miss your injection this month?
whom are you referring to? me ?
Yes observer, referring to you Sir. Please refrain from distorting facts. Judges were never put under any house arrest; however entry of the local population into the judges enclave in Islamabad was restricted by the Islamabad Administration to avert any law and order situation. This continued till removed on BBs demand and was then re enforced on the instructions of the SC itself. Please verify from records.
On the one hand you rue the pakistani quality of being unable to forgive and forget; and one the other, delve in bygones with distorted details yourself.
You are right things are different here from UK; Elton John would have been a bachelor as there aren't any same sex marriages here yet.
You poor sod. No same sex marriages. I thought there were few in Khyber Pakhtoon Khawa (KP).
You are selecting the wrong reply buttons ……………. !
Naughty Shahid k(Q)ureshi. It appears that you are a practicing psychiatrist your self or otherwise how would you know that some injections are give every month to psychiatric patients. Naughty Naughty
My dear: in the end it was Prime Minister who restored the judges by an executive order. And well according to government stance that CJP iftikhar chaudahary can only resume his office once then sitting CJP Abdul hammed dogar finish his term. And this exactly happened after Mr. Dogar completed his tenure on 22nd March 2009, Mr. Chaudhary sworn in. Regarding your observation that Mr. Chaudhary is settling his personal scores with current government I would partially agree with you because apart from this point Judges are just trying to prove to masses that the struggle for the independence of Judiciary in which civil society, media and other sections of nation had put their efforts was not a wasteful effort. But so far they have failed miserably in doing so. In the days of this so called struggle for independent judiciary I was of the opinion that Judges will not able to do much as they can only give judgments and have no powers to implement them. The execution of these judgments lies with Government which ironically is a party in this whole scenario.
The point you raised about punishment to Pervaiz Musharraf, I would like to ask which act of Pervaiz Musharraf was worse, 3rd November when he declared an emergency and put the judges to house arrest while all other state institutions kept working, National Assembly, Senate was not dissolved OR 12th October when he dissolved the parliament, arrested an elected prime minister and declared a martial law in the country? My observation is that 12th October was far worse than 3rd November as it inflicted more miseries and pain on this nation than 3rd November. Now why Mr. Chadhary do not take up the case of 12th October and why Mr. Nawaz Sharif who did not waste any time in approaching the SC in memo case he has not filed any petition against the act of 12th October where he was directly affected and basic rights of citizens were openly violated. When anyone raises this question the answer you get is that, parliament has validated the act of 12th October. Now it brings up another question, when NRO was referred to parliament by SC to know if parliament wants to approve it or not. SC issued a warning that in any case parliament will approve this NRO, SC has the powers to strike it down because it would be against the constitution. So, was the 12th October in accordance with constitution, if not why do not SC take it up and strike it down no matter it has been validated by parliament.
He is not doing it and will never do it because it was him who was in the SC bench that give 12th October a legal cover and also permission to Musharrf to amend the constitution at will. If the proceedings against Musharraf have to be carried out than Mr. Chaudhary will also have to be stand in culprits gallery.
And nowhere on the earth Generals have ever asked to Prime Minister to apologize to them and this has not happened even in Pakistan. Firstly the reports of conversation took place between Mr. Kiyani and Zardari are mere speculations. And secondly if these reports are true, he has not asked for apology he just asked for either PM should take back his statement or issue a clarification. And in a sense he is right because if a person like Kiyani who has tried very hard to rebuilt the image of an army which strictly avoid politics and work only according to their constitutional duties and has done so very successfully, someone stands and say that Mr. Kiyani and other general s are violating the constitution is not fair.
Year 2000, Gore V Bush. US supreme court stopped Florida recount, knowing well that their image would be compromised. But it allowed the executive brunch or the government to be able to function with full authority.
CJ's case is just the opposite. His ego is bigger than life. It does not matter to him if it is causing harm to the long term prospect of Parliamentary Democracy in Pakistan. It is going to promote a culture of jeopardizing the authority of a government that one does not like…
Authority => authority and legitimacy*
the judges are on witchhunt…its not justice but victimisation of elected government
Which means Musharraf was right in sacking a prejudiced CJ? Please accept one reality- either Musharraf was right or the CJ is right which had support of whole nation.
or they both were wrong…
you have no idea what you are talking about. You call this sham democratic government and elected one knowing that they came in power with 46% fraud votes
lets see if he shows up or stages another drama
He will. He had some tiger blood for drink lately…
its over act and above the law, not good for pakistan
What government is doing to Pakistan? is that good in your opinion?
In the past, there used to be one unconstitutional political party : Army.
Now, we have another unconstitutional political party : Judiciary.
So, as time passes, we are making good progress!!!
@ Shahid Malik
Its the natural outcome when you have a bunch of feudal dacoits masquerading as democratic politicians with fake degrees, multiple nationalities, foreign bank accounts etc.
sad but true…
Yes! the PM through executive order restored the CJ and the judiciary, not as a favor to the nation, but to extract favors for his party. Unfortunately the the Apex Court decided not to jump on the bandwagon and that irked many raiders of the exchequer.
welldone Mr. CJ, the whole nation iz with u 4 sacking the most corrupt gov. in the Pakistan,s histroy.zardari also suold b dragged offf. we r waiting 4 PTI,s gov. we belive in u imran..
It is a known fact that when present CJ was newly appointed as judge of the the SC he use to push all cases of the present President under the carpet and was not even prepared to look at them. This is the main reason and a well known fact that AZ openly said " I don't want any Monkey to sit on my shoulders". Obviously now the CJ wants to prove and ascertain that his institution is above the law and Supreme on all no matter if one is PM or the President. I fail to understand that why are some talking about what takes place in UK, USA or even in India. These countries know the importance of democracy but here our courts always willingly and gleefully endorse take-overs, even allowing them to amend important clauses of the constitution. Don't forget that the present CJ is a three time holder of PCO degree.
IMC is another tara masih in making
This is another black day for supreme court, once again judges are licking the boots of military general.
You all above. You have become very serious. I ma having fun. Boys enjoy and don't be sad. It does not make any difference to any one.
Enjoy it till it last. By It i mean till Pakistan lasts
This government is severe threat to the existence of Pakistan
Prime minister is determined not to write letter to Swiss Courts against Mr.Zardari and is ready to sacrifice himself for his party head.
Zardari is a monkey and donkey of pakistan and whole world is laughing at him..His fate will be similar to Gaddafi of Libya by March 2012. Insha-allah , Pakistan nation will surviive and not zardari.
Irtiza Hussain
Karachi
Establishment this time is hiding behind judiciary. Same drama of last 60 years when military take over were santified by judiciary. This time judiciary is on the fore front and military is supporting the judiciary against democracy.
and pray tell us why this is happening? Doc.
Judicial_Wig with Army_Uniform ; New Face of , Panjabi_Establishment
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