Prime Minister Yousaf Raza Gilani will face a formal contempt of court charge in the Supreme Court on February 13. This decicion was reached by a seven-member bench headed by Mr Justice Nasirul Mulk Mengal, which proceeded in rejecting the arguments of the Prime Minister’s counsel, Ch Aitzaz Ahsan.
Ch Aitzaz argued that it was because of presidential immunity that Mr Gilani had not written to the Swiss authorities asking for the re-institution of the cases against the President. The cases had been withdrawn following the promulgation of the NRO. The NRO itself having been struck down by the Supreme Court, the case stood revived. The government was hence directed by the Supreme Court to write to the Swiss authorities for the revival of the case. The Prime Minister so far had not done so, with the result that the Supreme Court first issued him a notice, to which he replied with a defence. With the Supreme Court having rejected that defence, the case is now to proceed to trial. This case has damaged not just a high-profile lawyer, but also a politician, who served as Interior Minister in the late Ms Benazir Bhutto’s Cabinet back in 1988. He was one of the leaders in the lawyers’ movement that led to the restoration of the judges, after their removal by Gen Pervez Musharraf. He appeared for the Prime Minister after a period in the wilderness. Mr Ahsan’s client would be well advised if he was to obey the law. Mr Gilani should understand well that obedience to the law is not merely achieved by appearance in court. By announcing it, and that too before the National Assembly, he is doing no one any favours. If he does not, he should be made to understand his position by his lawyer. If he refuses to write to the Swiss authorities, he might demonstrate thereby his resolve to protect the President from prosecution. He himself runs the risk of conviction, and thus of disqualification from membership of the National Assembly.
Also he could possibly lose his present office and be unable to contest in future. He should also understand the compulsion of the Supreme Court in prosecuting him for contempt. It has to make sure that its orders are obeyed. It is this obedience which ensures that all courts are obeyed and that the same law applies to everyone.
Thus there can be no exceptions, relying on the high office enjoyed by an individual.