PM may be indicted in contempt of court case: SC

The Supreme Court (SC) on Wednesday told Aitzaz Ahsan that Prime Minister Yousuf Raza Gilani could be indicted in contempt of court case if he failed to convince the court on the president’s immunity.
Aitzaz Ahsan argued before a nine-member bench headed by Justice Nasirul Mulk, as the apex court resumed hearing in contempt case against the prime minister, that contempt case should be revoked as court orders regarding writing letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari could not be implemented as he enjoyed immunity both in and outside the country.
Justice Asif Saeed Khosa observed that the court would not withdraw contempt notice against the prime minister as it was the decision of a 17-judge bench.
Justice Khosa said that the court has been showing restraint and now the government should also implement court orders. Aitzaz Ahsan said court listen to him so that he could convince it regarding the immunity.
“Prime Minister Gilani didn’t write letter since he thought president enjoys immunity,” Aitzaz argued. “If you prove immunity we will not further proceed,” Justice Mulk remarked.
Aitzaz said he was not speaking of presidential immunity rather he was expressing prime minister’s constitutional thinking. However, he said presidents enjoyed immunity across the world.
“No criminal proceeding could be constituted and contempt proceeding is also criminal,” Aitzaz said.
Justice Mulk said president’s immunity was not mentioned in the review petition in NRO case. He said the prime minister had told the court that he was not advised by anyone to write letter and it was his own decision not to write the letter.
Aitzaz said the premier could not read detailed judgments and his advisors and law secretary advised him.
Justice Asif Saeed Khosa said the premier acted upon his aides’ advices but not implemented court orders.
“PM is a common man and he acts after consultations with advisors,” Aitzaz told the court.
“PM has been your pupil what you have taught him,” Justice Sarmad Jalal Usmani asked Aitzaz. “Jehangir Badar was also my pupil and I imparted rules of business to my pupil,” Aitzaz said.
Justice Nasirul Mulk observed that the letter would have to be written even contempt hearing was ended. “Immunity should have been claimed after writing letter,” he said. The hearing was adjourned till Thursday.