Supreme Court releases detailed verdict in Prime Minister’s contempt case

As Prime Minister Syed Yousaf Raza Gilani left for United Kingdom on a five-day official visit, the Supreme Court of Pakistan released the detailed order of the contempt of court case against him.

The apex court issued a 77-page lengthy order with an additional note of six pages by Justice Asif Saeed Khosa.

Gilani was convicted of contempt of court for defying refusing to write a letter to the Swiss authorities to reopen graft cases against President Asif Ali Zardari and was sentenced until the rising of the court.

The shot verdict sentenced him until the rising of the court and the time period lasted only 37 seconds, after which the convicted prime minister left the court.

In the detailed verdict, the court clarified that:

The said Ordinance V of 2003 derives its authority from Article 204(3) of the Constitution, Article 204(2) of the Constitution itself empowers this Court to punish a person for committing “Contempt of Court” and the above mentioned words used in the Charge framed against the accused also stand sufficiently covered by the provisions of Article 204(2) of the Constitution.

The court further clarified that Prime Minister Gilani’s contempt was considered a grave offence:

These provisions of the Contempt of Court Ordinance clearly show that despite his culpability having been established, a Court seized of a matter of contempt is not to hold the offender guilty or punish him for every trivial contempt committed and it is only a grave contempt having the effects mentioned in Section 18(1) that may be visited with a finding of guilt or punishment.

We are, therefore, fully satisfied that such clear and persistent defiance at such a high level constitutes contempt which is substantially detrimental to the administration of justice and tends not only to bring this Court but also brings the judiciary of this country into ridicule.

The Supreme Court also said that not charging the prime minister for contempt would leave the judiciary open to others following his example:

After all, if orders or directions of the highest court of the country are defied by the highest Executive of the country then others in the country may also feel tempted to follow the example leading to a collapse or paralysis of administration of justice besides creating an atmosphere wherein judicial authority and verdicts are laughed at and ridiculed.

The Supreme Court had convicted Gilani on April 26, 2012. If the conviction was historic, the sentence was largely symbolic – detaining the prime minister in courtroom number 4 till the “rising of the court” or about 37 seconds to be precise.

The Supreme Court in a judgment in December 2009 had directed the government to start proceedings against President Zardari but the prime minister refused to comply on the pretext that Zardari, being the head of state, enjoyed immunity.

Short URL: https://www.newspakistan.pk/?p=21786

Posted by Faisal Farooq on May 8 2012. Filed under National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.