Pakistan Prime Minister Yousaf Raza Gilani’s lawyer Aitzaz Ahsan on Wednesday asked the Supreme Court not to be 'harsh' to an elected PM.
Mr Ahsan in his arguments in the Supreme Court said President Asif Ali Zardari enjoys international immunity and no letter could be written to the Swiss authorities as long as he is holding the office.
A seven-member larger bench of the Supreme Court headed by Justice Nasirul Mulk heard the contempt of court case against Prime Minister Gilani.
Mr Ahsan maintained that the Prime Minister has not committed any contempt of court. He said the President enjoys international immunity and as long as Mr Zardari is holding the office and no letter could be written to the Swiss authorities.
Mr Ahsan said the apex court in its judgments did not address the Prime Minister. He said the court had not directed the Prime Minister but the attorney-general, the law secretary and the chairman of
National Accountability Bureau (NAB).
“Our stance on writing of letters is that it is not implementable for the time being,” he said. Mr Ahsan in his arguments submitted that the things reported in the media are not part of any evidence and should not be taken to accuse someone.
He said under the 18th Constitutional Amendment no one would be punished under assumptions. Under this amendment in the article 10A a citizen has to have fair trial and due process and it needs hard evidences. He said in this case harsh and pre-trial orders were passed. The apex court in its observation said that the judges are trained to be impartial and he must trust the court. It also observed that Mr Ahsan described the judgement harsh and not unfair.
Mr Ahsan said the Supreme Court should consider sending Prime Minister Gilani’s contempt of court case to Parliament. The lawyer said his client never said the judicial order should not be implemented.
Clarifying his point before the apex court’s panel, Mr Ahsan said his client just has this viewpoint that the apex court’s ruling cannot be put into action for the time being. Heading the bench, Justice Nasirul Mulk queried, “The court wrote in its order that the verdict should summarily be implemented?”
Mr Ahsan replied the chargesheet against the PM Gilani is of 'negative nature'. Prime Minister Gilani
has suggested to the SC that if it does propose to expose the incumbent Pakistan President to prosecution before a Western magistrate, the best recourse will be to send this issue of grave public concern to Parliament to take a decision.