Supreme Court rejects Aitzaz Ahsan’s plea to delay verdict
Monday, April 16th, 2012 2:56:38 by Faisal FarooqThe Supreme Court on Monday rejected the Aitzaz Ahsan’s plea to defer its ruling, insisting that the decision will be announced today.
A seven-member bench headed by Justice Nasirul Mulk resumed hearing of the case against Prime Minister Yousaf Raza Gilani for not implementing its ruling on the National Reconciliation Ordinance (NRO).
While arguing before the court, Aitzaz Ahsan, the counsel for Prime Minister Syed Yousaf Raza Gilani in the contempt of court case asked the court that the decision should be announced after he is done presenting evidence.
He observed, “Let me complete the arguments regarding contempt of court first, otherwise, my arguments would be of no use after a decision on the NRO is announced”.
The court said that it will announce a proper ruling in the case, directing the counsel to carry on his argument without considering that the ruling will influence the contempt of court case against the premier.
However, the lawyer said that bench hearing the case was a violation of Article 10-A, requesting that new bench should be formed to hear the case. He argued that those judges who started proceedings in suo motu cases are not qualified to sit in trail benches.
Aitzaz was asked by Justice Gulzar Ahmed where he will appeal if another bench takes a decision against Prime Minister Gilani.
In last hearing, Aitzaz Ahsan informed the apex court that the bench that had framed charges against his client was not competent to hear the case, adding that it would not be a fair trial if it continued to hear the case.
The counsel commented, “When a session court judge directs registering an FIR against anyone, even he is not competent to hear that case”.
He continued that there were two principles of a fair trial: one, that a person cannot be condemned unheard and the second that no person should be a judge in his own case.
Contending that the Contempt of Court Ordinance 2003 is no more effective as a new ordinance in this regard was issued in 2004, Aitzaz said that an appeal seeking clarification about the effective law was pending with the court.
Arguing with the bench, the lawyer said that Asif Ali Zardari had immunity both in criminal or civil matters until he held the office of President of Pakistan.
The implementation of the relevant part of the order of NRO was not possible because the president enjoyed immunity under international law, he contended.
Tags: Aitzaz Ahsan, contempt of court case, NRO, President Asif Ali Zardari, Prime Minister Syed Yousaf Raza Gilani, Supreme CourtShort URL: https://www.newspakistan.pk/?p=19101