Contempt case: Gilani to appear before SC Monday

ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani will appear before the Supreme Court (SC) again on Monday to be indicted in contempt of court case, Geo News reported.

The SC on February 10 dismissed an intra court appeal (ICA) seeking suspension of proceedings for framing of charges against the prime minister, scheduled for February 13.

An eight-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry dismissed the appeal after conclusion of arguments by barrister Aitzaz Ahsan, counsel for the prime minister.

The bench in its order said that the impugned order of February 2, was passed strictly in accordance with Section 17 (iii) of the Contempt of Court Ordinance 2003 and following set principles of criminal justice, 'therefore, no interference is called for' and subsequently, the appeal was dismissed.

At the outset of proceedings, Aitzaz Ahsan contended that order of February 2 was patently shorn of reasons and was presumptive.

Under circumstances, it was not competent because principles of natural justice required reasons whereas Section 17 (iii) of the Contempt of Ordinance required satisfaction and criteria for the interest of justice, he added.

He said Section 19 of Ordinance, provided statutory right of the appeal, therefore, the PCO judges case reported in SC PLD 2011, provided best guidance to all courts at every level during the cases moved under this law and in preliminary hearing, it must encompass inquiry of thorough aspects of any case.

Terming the January 16 order as 'coercive', the counsel said that his client in response to Court's summoning, appeared in person in complete submission and in deference of this court.

He said that his client had acted upon the advice given to him which was based upon opinion of former concerned authorities.

He said that his client on 23 September 2010, had enquired the law secretary and former attorney general to 'appropriately appreciate the position to the honourable Supreme Court', thus he showed no intention of contempt or defiance of the order of this Court.

He said that his client did not act in contumacious manner, but he acted in accordance with constitutional Rules of Business which had been held binding and mandatory by this court.

His client held the court in the highest esteem and respect, therefore, the notice might be discharged and withdrawn, he added.

He contended that there was significant difference between the notice and show cause notice issued under Section 17 of the Contempt Ordinance.

He objected to enlisting six options by the five members bench which could be exercised in contempt proceedings, and said it appeared as person specific and contained harsh words.

The chief justice observed that if the prime minister was feeling any problem in implementing order in NRO case, he could have taken the court into confidence through filing of an application.

Aitzaz said that he was not heard by the seven-member bench and was condemned unheard with an order.

The bench observed that its order on NRO had attained finality and it should be implemented.

The CJ on a point observed that they always respected the parliament and would continue to respect it.

"We always appreciated it as it did not validate November 3, 2007 steps of former dictator," he said, adding, that the court never intervened into their jurisdiction and respected the parliamentarians.