Aitzaz hopes for Gilani's acquittal in contempt case
April 24, 2012
"I hope the court will exonerate the Prime Minister Gilani in the contempt case," he told media in front of Supreme Court building after the apex court reserved judgement in the case till Thursday (April 26).
Aitzaz said, the Prime Minister was facing criminal case which needs solid and concrete evidence. "In criminal case, no one can be prosecuted without concrete evidence," he said.
Citing the cases of Indian Prime Minister Manmohan Singh and Nawaz Sharif in which they were exonerated by the Apex Courts of their respective countries, Aitzaz said that benefit of the doubt should be given to the Prime Minister in this case.
He expressed the hope that the court would accept its arguments based on constitutional facts and exonerate the PM as was done in Zafar Ali Shah case wherein Nawaz Sharif was exonerated.
Aitzaz said that a 12 member bench of the Supreme Court had prosecuted former Prime Minister Nawaz Sharif in plane high jacking case in 2000. However, the other bench of the same apex court in 2009 exonerated Nawaz Sharif in the criminal case, he added.
Replying to a question regarding the Prime Minister presence on April 26, Aitzaz said that the Prime Minister would come to the court.
Answering a question regarding deputing Attorney General as Prosecutor, Aitzaz said, Attorney General was asked to prosecute help the court indict the Prime Minister. But, he replied that he will proceed according to the constitution and the law.
To another question, he said that he has still constitutional objections over the bench.
He said that the cases were closed on merit and the former Attorney General Malik Qayyum had informed the Swiss court that cases were based on baseless allegations and we have no solid evidence in this regard.
In response to a question regarding sentence to the Prime Minister, Aitzaz asked media why they were not thinking of exoneration. But, when the questioner stressed, he said, in the constitution, only six months simple sentence has been mentioned.
However, he said that appeal could be filed against the decision.
About disqualification of the Prime Minister Aitzaz mentioned to three constitutional modes to remove the Premier; either he himself resigns or removed through a vote of no-confidence or disqualified from his assembly seat.
However, he said that in case of disqualification, the Speaker National Assembly would send reference to the Election Commission of Pakistan (ECP) and then his basic membership from the parliament would be de-notified.
To another query, he said that in case of conviction, the Prime Minister would not seek apology from the President. President has the powers to apologize but under the 18th amendment and in case of Prime Minister he will need counselling from the Prime Minister.
"But, Prime Minister will not seek apology from the President."
To another question, he reaffirmed that office of the President enjoys immunity. It is not the matter of a person, but of the office of the President. (APP)
