Prime Minister Syed Yusuf Raza Gilani was on Thursday held in contempt of court and sentenced to imprisonment till the rising of a seven-judge Bench of the Supreme Court hearing the case. Within seconds of reading out its short order, the Bench rose ending the “arrest” of the Premier but triggering a slew of demands for his resignation since he is now technically a “convict.”
Soon after he walked away from the court a free man, Mr. Gilani convened a meeting of the Cabinet which decided that he would remain in office. According to Information Minister Qamar Zaman Kaira, all allies of the Pakistan Peoples Party-led coalition were supportive of this decision.
Given the media narrative which pronounced the Prime Minister disqualified from the National Assembly, Mr. Kaira maintained that his conviction does not automatically lead to disqualification as there is a parliamentary process for the latter.
In its order, the court said Mr. Gilani “is found guilty of and convicted for contempt of court” as “the contempt committed by him is substantially detrimental to the administration of justice and tends to bring this court and the judiciary of this country into ridicule”.
As for the sentence, the order said: “We note that the findings and the conviction for contempt of court recorded above are likely to entail some serious consequences in terms of Article 63(1)(g) of the Constitution which may be treated as mitigating factors towards the sentence to be passed against him.
He is, therefore, punished under Article 5 of the Contempt of Court Ordinance with imprisonment till the rising of the court today [Thursday].”
Pointing out that the Cabinet had asked him to prepare an appeal against the order, Mr. Gilani's lawyer Aitzaz Ahsan said the verdict was beyond the scope of indictment as the Prime Minister was never charged with ridiculing the court. Article 63(1)(g) provides for disqualification from Parliament if a member has been convicted of defaming or bringing the judiciary into ridicule. “My client was never put to trial for ridiculing the court. The charge against him was of disobedience of a court order.”
Short order
The short order would be taken with all respect and seriousness, Mr. Ahsan said, adding that it would be referred to the Speaker of the National Assembly. Further, he disclosed that Mr. Gilani went to court in the morning prepared to go to the Adiala jail. “He had come to court with all his things.”
Soon after the court sentenced the Prime Minister, his political opponents — Nawaz Sharif of the Pakistan Muslim League (N) and Imran Khan of Pakistan Tehreek-e-Insaf — demanded his resignation.
Keywords: Syed Yusuf Raza Gilani, Pakistan Supreme Court, contempt of court, Zardari Swiss graft case, tax evasion
This is open to interpretation- it could imply that the Pak SC has
awoken to the fact that the world has more important things in it than
their "brave" upholding of Pakistani law, hence they have given Gilani
enough of breathing space to weather the storm that he faces while
also doing their job. Or it could mean that they are under pressure
from some quarter, hence they have traversed no man's land but not
actually walked into either party's territory. Or it could mean that
the Pakistani populace is tired of the elected govt being taken for a
toss after the people have handed them their mandate, meaning that the
judiciary, the Opposition and the Army have no respect for the
people's verdict, and the PSC took notice of that fact. Now lets view
the aftermath. Imran Khan is as much a devout Muslim as Arundhati Roy
is a socialist, but he likes to show off- a dangerous type. Nawaz
Sharif is inimical to India's interests. Lets hope that Gilani and
Zardari are able to come out on top.
The fight here is not between judiciary and executive, but the inability of the executive and judiciary to uphold bad laws which protect the wrong doers. Untill and unless we make just laws and not the laws that suit the interest of those who hold sway over legislatures there is no future for democracy. World seem to be switching to chaos.
The democracy loving people all over the world are keenly watching the
developments in Pakistan over the fight between judiciary and excutive
in a contempt petition filed in the Supreme Court of Pakistan. Premier
Gilani's contention that he has not violated the order of the court by
not writing Swiss authorities in regard to President Zardari under NRO
already invalidated as unconstitutional by the court as President can
not be tried in any court in the world because of position of immunity
he avails under UN charter. However, the court held him guilty of
contempt charge and sentenced him to jail in the court till the
proceedings lasted. In other words he was convicted and sentenced for
30 seconds. This is strange punishment. In fact, the Supreme Court
saved its prestige by not sending Gilani to jail or disqualifying him
from the membership of house as was widely believed. Now, the question
is-can a convicted PM run the govt."
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