Appearing in the Supreme Court in response to a show-cause notice issued to him to explain why contempt proceedings should not be initiated against him for failing to write a letter to reopen graft cases against President Asif Ali Zardari, Prime Minister Yousaf Raza Gilani argued on Thursday that he did not write the letter because the president enjoyed complete immunity, not only in Pakistan but also in the world as enunciated by the constitution.
A special bench headed by Justice Nasirul Mulk and comprising Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed heard the case.
Gilani became the second elected prime minister of Pakistan to appear in court on contempt charges. While it was being speculated that Gilani might opt to apologise for not obeying the court orders, he decided to contest the charge. However, he said he held the judiciary in high esteem and he was duty-bound to appear before the court.
“I have come today to show my respect to this court,” Gilani told the seven judges in the packed court room. The prime minister stated that the president enjoyed complete immunity from prosecution even under the 18th Amendment, adding that a president elected with a two-thirds majority could not be handed over to the foreign courts.
“It will not give a good message to proceed against a president who is elected by a two-thirds majority. There is complete immunity for heads of state everywhere,” Gilani said.
Recalling the days he spent in jail and making a point that he faced courts in the past but never disrespected them, the prime minister said the Pakistan People’s Party (PPP) leaders always respected and honoured the courts and complied with their orders. He said Zulfikar Ali Bhutto, Begum Nusrat Bhutto and Benazir Bhutto also appeared in courts during their lifetimes, which indicated their respect for the courts. He said the presence of leaders of coalition partners in the court was reflective of their respect for the judiciary as well.
He said he and his party leaders had highest respect for the judiciary and he could not even think of committing contempt of court or ridiculing court orders. He said he appeared in person to comply with the court orders that indicated his respect and honour for the court. “We respect the courts… my intention is to respect the constitution and my associates also respect the constitution. I decided to appear before the court immediately after getting the notice,” he added.
Justice Asif Saeed Khan Khosa appreciated the presence of the prime minister in the court and said it indicated there was rule of law as the chief executive of the country had appeared in court.
President has immunity, why write the letter?
