Prosecutor submits evidence against PM in contempt case

Attorney General of Pakistan (AGP) Maulvi Anwarul Haq, who is acting as a prosecutor in the contempt of court case of Prime Minister Yousaf Raza Gilani, submitted a 469-page documentary evidence in the Supreme Court (SC) on Thursday to prove that Gilani flouted the court’s December 16, 2009 judgment and its consequent orders in the National Reconciliation Ordinance (NRO) case.
The documentary evidence contains 43 documents/points to establish that Gilani had repeatedly flouted the court’s orders and committed contempt of court. All the courts’ orders passed in the NRO judgment and later in the NRO implementation case have also been included in the documentary evidence. No exclusive document has been submitted.
The first document is an application on behalf of the AGP seeking permission for submitting documents in the contempt of court case against the prime minister, while the last document is an affidavit by him (AGP) that gives the assurance that he has submitted all the documents pertaining to the case that he could collect so far. A seven-member SC bench, headed by Justice Nasirul Mulk, will examine the documents submitted by the AGP on February 22 in the open court.
On the other hand, prime minister’s counsel Aitzaz Ahsen will submit a list of witnesses along with their statements in the case on February 27, and the court will hear the case on February 28.
The AGP said there was no need to mention or produce witnesses in the apex court, as the evidence itself had the status of a witness. He also opined that a witness was not usually required when the case was of a civil nature. He said the proceedings of the NRO case were civil in nature, but the court had directed him to act as a prosecutor under Order 27, Rule 7, of the Supreme Court Rules, 1980, which was applicable in criminal contempt of court.
He explained that under Order 27, Rules 7, the law comes into action when the court or judges are ridiculed or proceedings are blocked intentionally. He said he would contend on the next date of hearing that such an order (appointing him to work as prosecutor) was not applicable. He said he would express his viewpoint before the court, but he was bound to obey the court’s order.
Meanwhile, former attorney general Anwar Mansoor Khan and former acting attorney general Shah Khawar told Pakistan Today that if they were summoned in the case, they would appear as witnesses.
On February 13, Gilani became the first prime minister of Pakistan to have been formally indicted for contempt of court and “wilfully flouting, disregarding and disobeying” the court orders. Determined to contest the charge, the prime minister chose in the last hearing to plead not guilty after Justice Nasirul Mulk, who was heading the bench, read out the charge. In case of his conviction, the prime minister can be sentenced to six months in jail and face a five-year disqualification from holding any public office for choosing to plead not guilty.