Prime Minister Syed Yusuf Raza Gilani on Thursday submitted before the Supreme Court that letter to the Swiss Court was not written because the president enjoys complete immunity, not only in Pakistan but also in the world as enunciated by the Constitution.
The prime minister, giving his point of view before the seven-member bench of the Supreme Court on the contempt of court case, said that he could not even think of dishonouring or disgracing the court.
Gilani said he appeared in person to comply with court orders that indicated his respect and honour for the court.
About writing letter to Swiss Courts for opening of the cases, the premier said the president enjoys immunity within Pakistan and abroad, therefore, he did not write letter to the Swiss court.
"I have discussed this with my friends and experts, and they all agree that he has got complete immunity," he added.
Gilani said that he had not given any impression that would entail contempt of court. He said the leaders of PPP always respected and honoured the courts and complied with its orders.
Gilani said Zulfikar Ali Bhutto and Begum Nusrat Bhutto also appeared before the courts that indicated the respect and honour of these courts by the leaders. He said the presence of leaders of coalition partners in the court, is reflective of their respect for judiciary.
The prime minister said Benazir Bhutto was a great leader and politician, and he was following her mission.
He said the country is united and integrated due to the 1973 Constitution that has been restored by the present government in its original form.
Justice Asif Khosa, appreciating presence of Prime Minister Gilani in the court, said it indicated that there is rule of law as the Chief Executive of the country appeared in the court.
PM Gilani along with other leaders and his Cabinet members attended the court proceedings and personally presented his point of view before the bench.
He said he and President Asif Zardari had to face imprisonment but they never did any dishonour to the courts.
During proceedings, Aitzaz Ahsan said I am here only to defend PM Gilani, not Secretary Law.
'Only Law Secretary can inform why he did not write a summary detailing the president's immunity.'
He further said that until Asif Zardari is holding the office of president, letter cannot be written to Swiss authorities as he enjoys immunity under Article 248 of the Constitution.
Supreme Court's verdict will be implemented when President Asif Ali Zardari is no longer president, said Aitzaz Ashan. This is not a normal case and need one month time to prepare, he pleaded.
Justice Khosa said the bench must be informed if anyone has immunity.
Justice Nasir-ul-Mulk remarked that these are merely preliminary proceedings and time has not come for the indictment.
Justice Usmani asked PM's counsel Aitzaz Ahsan that will the government write a letter to the Swiss authorities if it is proved that the president does not have immunity.
The court condoned the Prime Minister from court proceedings and adjourned the hearing till February 01.
Ahsan requested the court for a month's time to file a response. He said the time was required to access and go through the case's record. Responding to which, Justice Nasir-ul-Mulk said that access to records could be provided in two days' time.
During the hearing, Justice Sarmad Jalal Usmany said that deliberately refusing to implement a court order was tantamount to contempt of court, adding that, the premier has said that he had no intention of committing contempt.
Chaudhry Shujaat Hussain, Asfandyar Wali, Sindh Chief Minister Syed Qaim Ali Shah, Federal ministers and lawmakers from the Pakistan People's Party (PPP) and allied parties were also present on the occasion.
No Muttahida Qaumi Movement (MQM) leader was present during the hearing.
Speaking to media representatives before the hearing began, Information Minister Firdous Ashiq Awan praised the role the PPP played in the restoration and independence of judiciary.
Whereas, Asfandyar Wali Khan, chief of the Awami National Party, told journalists that friends are not to be left alone in difficult times.
He said that being a coalition partner of the government he had to come to the court.
"The court wanted some clarifications and the prime minister decided to attend himself. This is something the court and media should appreciate," Interior Minister Rehman Malik told reporters.
A spokesman for the ruling party, Qamar Zaman Kaira, said Gilani's acceptance of the court summons "shows his respect" for the country's highest court.
"We fight cases in the courts, we do not fight with courts," Kaira added.
Talking to media persons after the hearing, Barrister Aitzad Ahsan said it was an important day in the constitution and legal history of Pakistan that the Prime Minister appeared before the Supreme Court personally. He said the Prime Minister came to the Court by driving himself with Raza Rabbani which reflected the proof that he accords due respect to the court.
He said the cases related to contempt of court but as directed by the court, he would give view points on article 248 of the constitution and satisfy the court that there is complete immunity to the President.
Legal experts said that the court will now decide on two issues i.e. whether the President enjoys immunity and the contempt of court because the latter is linked with the immunity issue.