Prime minister left with limited options

Following the issuance of contempt notice to Prime Minister Yousaf Raza Gilani by the apex court, legal experts on Monday said there were limited options left for the PM, including appearing before the court and submitting an unconditional apology and assuring the court to write a letter to Swiss authorities to reopen cases against President Asif Ali Zardari, calling early polls, seeking advice from the federal cabinet members or calling it a day.
Otherwise, Gilani might be convicted under the contempt law, and in such a case, he would be disqualified to hold any public office for life.
Talking to Pakistan Today, Babar Sattar said the PM would have to appear before the court himself and would have to satisfy the court that he did not intend contempt of court.
He said former prime minister Nawaz Sharif had also been issued contempt notice on his media statement that criticised the court verdict in late 1990s.
However, Nawaz had appeared before the court and offered unconditional apology and said that he did not made contempt of the court.
“In this specific case, Gilani may submit apology and assure the court that he would direct the government to write a letter to Swiss authorities to reopen cases against President Asif Ali Zardari,” he said.
However, Babar Sattar said if the PM tried to justify his conduct of not writing the letter, the court would not show flexibility and he might be convicted under the contempt law.
However, he said contempt proceedings could not be initiated against the president on his interview to media as he did not have executive authority.
“He was speaking in the interview as co-chairman of the party and he also did not criticise any court order,” he said.
Sattar opined that the court might hold an opinion that the president had breached his oath as a president and under the same finding, impeachment could be initiated against him for misconduct and breach of oath.
Senior lawyer Iftikhar Gilani said it was prerogative of the court to issue contempt notice to anyone it found fit in contempt of court.
“Whosoever could be issued contempt notice who ridicules the court. A person who is convicted under the contempt law can no longer remain a member of the Majlis-e-Shoora (parliament). If a convict cannot be an MNA, he also cannot remain the prime minister,” he asserted.
Asked whether or not contempt proceedings could be initiated against President Zardari on his defiance of court in his media interview, Gilani responded in affirmative, saying the indemnity claimed by the president did not fall under the contempt law.
He said if disqualified by the court, the president would be sent packing.
Senator Wasim Sajjad said the contempt notice to prime minister had legal and political implications for the PPP regime and the PM himself.
“Yes, the prime minister could be punished under the contempt law. In such a case, he would be shown the door,” he added. Asked what options the prime minister had in view of the contempt notice, Wasim Sajjad said Gilani had limited options in view of the contempt notice.
“He may consult his cabinet colleagues and may seek their advice. Moreover, he also may opt to resign rather than being held by the court responsible for contempt,” he added.
Khalid Ranjha said the prime minister had only one political option left with him.
“He can only go for early polls,” he said. Asked whether the prime minister had any legal option left with him, Ranjha said the legal option was very much open and was vialble as well.
“He may appear before the court and submit that he was ready to write a letter to Swiss authorities. In such a case, he may write a weak letter to Swiss authorities regarding reopening the cases against President Zardari,” he asserted.
Citing the precedence of contempt notice issued to former prime minister Nawaz Sharif, Ranjha said he had not submitted apology in the court.
“Nawaz Sharif had verbally told the court that he did not ridicule the court and had said that he felt sorry for what happened. He was not asked by the court to submit an apology,” he said, adding that PM Gilani could also follow the same suite.
Justice (r) Saeed uz Zaman Siddiqui said the attorney general could not appear in the court on behalf of the PM in contempt of court case. No one could stay in the office once the offence was proven, nor any one was exempted from contempt of court case, he added.
Justice (r) Wajihud Din said notice was also issued to Zulfiqar Ali Bhutto and he had apologised to the court saying he did not say any thing against the court deliberately which smelt of contempt of court.
Qazi Muhammad Anwar, former SCBA president, said the SC had delayed issuing the contempt of court notice to the PM.
“The court decision has not been implemented even after the passage of two years,” he added. “The PM committed contempt upon contempt court.”