Letter will close PM contempt case: CJ

ISLAMABAD: The Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry while hearing the intra court petition against the Prime Minister's contempt of court on Thursday said the contempt case will stand closed if the government writes the letter to Swiss Authorities, Geo News reported.

An eight-judge larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry held the hearing of the intra-court petition filed by Aitzaz Ahsan, counsel for the Prime Minister Yusuf Raza Gilani in a suo motto case for contempt of court for non-implementation of SC NRO verdict.

Justice Tariq Pervez in his remarks said: "Let's suppose the Prime Minister gets convicted in the contempt of court case, even then the (NRO) verdict would have to be implemented."

The bench also gave critical remarks on paras of the petition in connection with the time the SC judges faced deposition and their later restoration by the government.

The Advocate on Record had these paras removed from the appeal.

The apex court declared that an impression was made from the Prime Minister's side as if he, as an institution, could have an influence on the court. This act did not bring shame on the court but to the (PM) himself, the court said.

The PM's counsel, Aitzaz Ahsan in his arguments said the PM should be given a benefit of doubt. He said the PM had been told that the matter stood closed in Switzerland.

He reiterated that the President enjoyed international immunity on which the CJ prompted 'are you saying this on behalf of the President?' Aitzaz replied in the negative.

On one occasion, the CJ said that during an interview with (Geo News senior anchor) Hamid Mir it was said that 'letter will not be written'.

Justice Jawwad Khwaja asked Aitzaz if the government made any progress for bringing back the country's wealth.

"Para 178 of NRO verdict cannot be implemented," Aitzaz Ahsan replied, adding there was no possibility of getting 60 million dollars as the cases in Switzerland stood dismissed.

The court, the CJ said, was trying to make the point that the man involved (President Asif Zardari) was the head of the party that Prime Minister belonged to. The money will be returned only upon writing of the letter, the CJ asserted.

"The Prime Minister would become 'pavitr' (Hindi word meaning: spotless) if he wrote the letter," Justice Iftikhar Muhammad Chaudhry remarked.

Justice Saqib Nisar said the court understood that the Prime Minister must have been given a wrong advice and that the review petition had been disposed of and 'Inshallah' the implementation of NRO verdict would be ensured.

Aitzaz Ahsan said as no action was take in the past two years he had thought the matter had come to an end.

Justice Saqib Nisar said 'just by sitting at home you decided that the process has come to an end.'

Justice Iftikhar Chaudhry said the trial of the Prime Minister was not an insignificant matter, asking the Prime Minister to disanchor the Supreme Court.

Aitzaz Ahsan said the seven-judge bench did not give reasons in its verdict on contempt case against the PM. On this, Justice Amir Hani said if the reasons had been mentioned it would have caused more damage.

Aitzaz said it was not possible for the Prime Minister to go against the summary of the Law Ministry. The court should rise above its ego when making a judgment, he said.

The judges said it was not about being egotistic; it had been two-three years since the court had announced the verdict.

Aitzaz said in a civil suit it was the High Court that ensured implementation of the verdict. On this, Justice Saqib Nisar said :"Do you want the Supreme Court to leave it up to the High Court so that it may arrest and punish the Prime Minister?"

The court appreciated Aitzaz Ahsan's manner of presenting his arguments and directed him to complete his arguments by tomorrow (Friday).

With this, the court adjourned the hearing till Friday, saying the decision would be made on merit.