The Supreme Court on Friday allowed the newly appointed Attorney General (AG) Irfan Qadir to prosecute Prime Minister Yousaf Raza Gilani in the contempt of court case initiated for disobeying court orders on writing a letter to the Swiss authorities for reopening corruption cases against President Asif Ali Zardari.
A seven-member special bench comprising Justice Nasirul Mulk, 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. The government appointed Irfan Qadir as Attorney General on Thursday, replacing Maulvi Anwarul Haq.
At the start of the hearing, Qadir told the court that he had recently been appointed as AG, and if the court would allow him, he would act as a prosecutor in the contempt case.
Justice Nasirul Mulk, however, observed that the court had appointed Maulvi Anwarul Haq as the prosecutor in the contempt case; however, he said it was strange that the prime minister, despite being accused in the contempt case, had replaced his prosecutor with a person of his choice.
Aitzaz Ahsen, counsel for Gilani, told the court that Irfan Qadir was not an individual, but an ‘attorney general’, who would act as prosecutor according to the rules.
Justice Nasirul Mulk enquired Aitzaz if it could be said that the prime minister had himself appointed his own prosecutor, and whether such assertion was not in violation of Article 10-A, which pertains to “fair trial”.
Justice Ijaz Ahmad Chaudhry noted that the attorney general had been replaced by a person against whom a contempt of court case was in progress. “Should such an accused be permitted to appoint a prosecutor of his liking?” Justice Ijaz Ahmad enquired. Justice Ejaz Afzal Khan remarked that if the contempt of court case was against the attorney general himself, should he be made a prosecutor?
Meanwhile, the court called Maulvi Anwarul Haq and asked him if the court had appointed him by name or with his post to prosecute the premier in the contempt case. The court asked Haq if he wanted to continue to assist the court.
The former AG replied that according to the rules, the attorney general was supposed to be the prosecutor. He requested the court to relieve him from the contempt case, which the court accepted and allowed Irfan Qadir to act as prosecutor in the contempt case. Irfan Qadir sought time to go through the details of the contempt case, which the court allowed.
Justice Asif Saeed Khosa told Qadir that being a prosecutor he would have to bring all the evidence pertaining to the contempt case, as the prime minister could be sentenced in this case. Qadir assured that he would assist the court as per law.
During the hearing, Aitzaz Ahsen presented a news item published against him in the court. He said he had been accused of “telling a lie” before the court. He said one newspaper had already reported that he was telling a lie.
“It is very difficult for me to assist the court in such pressure,” Aitzaz submitted. Justice Asif Saeed told Aitzaz that the issue was between him and the media, and the court would not take notice into it. Aitzaz hinted that he was thinking to file a defamation suit against a section of the media, which was defaming him, so that its staff could lose its jobs. Later the court adjourned further hearing until April 16.
zardari should be gillani's prosecutor and gillani should be zardari's prosecutor. These judges are a joke. It almost looks like they are looking for a face saving way out and they want to drag it on as long as they possibly could without having to make a decision. What a joke.
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