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President enjoys immunity, PM Gilani tells SC
19 January, 2012
ISLAMABAD: PM Syed Yousuf Raza Gilani Thursday defended himself against contempt charges before the Supreme Court, refusing to apologise in a case that could see him disqualified from office if convicted.
It is only the second time that the apex court has initiated contempt proceedings against a sitting prime minister.
The court summoned Prime Minister Gilani to explain his refusal to ask Switzerland to re-open graft cases against President Asif Ali Zardari.
Giving his point of view before the seven-member bench, Prime Minister Syed Yusuf Raza Gilani said the president enjoys complete immunity, not only in Pakistan but also in the world as enunciated by the Constitution.
He said that he could not even think of dishonouring or disgracing the court.
PM Gilani said he appeared in person to comply with court orders that indicated his respect and honour for the court.
About writing letter to Swiss Courts for opening of the cases, the premier said the president enjoys immunity within Pakistan and abroad, therefore, he did not write letter to the Swiss court.
"It will not give a good message to proceed against a president who is elected by a two-thirds majority."
He said the leaders of PPP always respected and honoured the courts and complied with its orders.
Gilani said Zulfikar Ali Bhutto and Begum Nusrat Bhutto also appeared before the courts that indicated the respect and honour of these courts by the leaders.
He said the presence of leaders of coalition partners in the court, is the reflective of their respect for judiciary.
The prime minister said Benazir Bhutto was a great leader and politician, and he was following her mission.
He said the country is united and integrated due to the 1973 Constitution that has been restored by the present government in its original form.
Justice Asif Khosa, appreciating presence of Prime Minister Gilani in the court, said it indicated that there is rule of law as the Chief Executive of the country appeared in the court.
PM Gilani along with other leaders and his Cabinet members attended the court proceedings and personally presented his point of view before the bench.
He said he and President Asif Zardari had to face imprisonment but they never did any dishonour to the courts.
During proceedings, Aitzaz Ahsan said I am here only to defend PM Gilani, not Secretary Law.
'Only Law Secretary can inform why he did not write a summary detailing the president's immunity.'
He further said that until Asif Zardari is holding the office of president, letter cannot be written to Swiss authorities as he enjoys immunity under Article 248 of the Constitution.
Supreme Court's verdict will be implemented when President Asif Ali Zardari is no longer president, said Aitzaz Ashan. This is not a normal case and need one month time to prepare, he pleaded.
Justice Khosa said the bench must be informed if anyone has immunity.
Justice Nasir-ul-Mulk remarked that these are merely preliminary proceedings and time has not come for the indictment.
Justice Usmani asked PM's counsel Aitzaz Ahsan that will the government write a letter to the Swiss authorities if it is proved that the president does not have immunity.
The court condoned the prime minister from court proceedings and adjourned the hearing till February 01.
End.
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Reader Comments:
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I am an engineer in Canada and I really do not want to do any judgement or the sort as Pakistan may be different from north America. When Richard Nixon's watergate trial was going on, I was student of engineering in Canada. We saw on TV and read about Richard Nixon's lawyer talking about Nixon having special status and being exempt from allegations similar to having special status of being president of America and enjoying very special immunity.
That is more than 3 decades ago and I still wonder why President Richard Nixon was impeached if he enjoyed that special immunity because (the Richard Nixon's lawyer emphacized the immunity given to special status of US president). I am a professional engineer and very naive to legal situtions or matters. In Canada, I was, for few years , key engineering support to a major gas industry lawsuit involving the world's biggest chemical company that is Union Carbide. I stuck to my technical engineering guns there too, even though I had to teach some gas industry related knowledge to the lawyers fighting that case for Canadian Energy 88 in Canada verses Union Carbide of America. Actually, this lawsuite related work made me so much engrossed in technical stuff too, that some of my gas engineering work those days got published in the annual International conferences of the world's leading gas engineering places( Gas Processors Of America, LRGCC, NACE, Kyoto Protocol, US Military Oublications in America in 2004 and 2005.
But, will some one explain why that special immunity given to president Richard Nixon of America and bragged upon proudly by Nixon's lawyer on American TV channels failed to save Richard Nixon from impeachement and his loss of the most important job in the world.
It has nothing to stir up something in my dear Pak.But my mind is still baffled as to why Richard Nixon was impeached even with the special immunity his lawyer bragged upon on America's TV channels.
Anwar Mahmood, Canada - 19 January, 2012
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Nixon vs Zardari |
Why is the supreme court taking this case up and there is the legislative branch not doing anything. Incase of Nixon and Clinton the parliament were initiating contempt proceedings as well. In this case it looks like a case of only SC vs Zardari. Zardari has support of the parliament and as long as they don't vote against him I don't believe he can be impeached.
Ali Mirza, United Kingdom - 19 January, 2012
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Mr Anwar Mahmood from canada every time you leave a comment after an article or ask a question, why do you try to insert irrelevant information related to your professional life which depicts academic achievements? I have seen your comments on other articles apart from this one and they have same problem. You should have learn this by now after getting your work published by so many prestegious organisations.
I, however recommend you to write a detailed wikipedia article on your life and achievements, that will be very impressive you can add your picture as well. Give it a good thought.
Anonymous, United Kingdom - 19 January, 2012
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Government's stand on this issue revolves around 'presidential immunity'. If you have nothing to hide then reopen the corruption case, let the legal system run its course, then once and for all clear your name. After all no one should be above the law.
I say any such immunity is a provision to protect corrupt leaders. An honest person would not hide to claim immunity.
Asad Khan, Australia - 19 January, 2012
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attending of court by prime minister gilani shall not be considered in any way as some extraordinary happening. all other citizens do so and so shall the porime minister since all citizen are equal in the eyes of law.
muzaffar shah, Pakistan - 20 January, 2012
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