In a blow to the Pakistani government, the Pakistani supreme Court headed by Justice Iftikhar Chaudhary has found the Prime Minister to be in contempt of the court for not opening investigations against the President Asif Ali Zardari. In what appears to be a fast snowballing crisis, which can even lead to the departure of the prime minister, Yousaf Raza Gilani, the court has decided in the contempt of court case to proceed against the prime minister.
In an indication that the SC has decided not to give any relief to the government, the court ordered the prime minister to be present in the court on February 13th when the next hearing of the case is scheduled.
“After the preliminary hearing, we are satisfied that prima facie there is a case for further proceeding into the matter,” Geo News quoted Judge Nasir-ul-Mulk as saying.
“Adjourned for Feb 13, for framing charges. Prime minister is required to remain present in the court,” the judge added.
Gilani had appeared before the court on January 19th in the contempt case. He had submitted that a case can’t be opened against the President as he enjoys ‘complete’ immunity. He had also said that a case against the President will send the wrong message to the world.
“It will not give a good message to proceed against a president who is elected by a two-thirds majority”.
“I have discussed this with my friends and experts, and they all agree that he has got complete immunity,” Gilani had told the court.
It was on this ground that the Pakistani government had made the Swiss authorities close a money laundering case against Zardari and release $60 million frozen in Swiss accounts.
The court had struck down as illegal in 2009 the National Reconciliation Ordinance (NRO), which granted immunity to politicians and bureaucrats in corruption cases, and warned the government of action if its ruling was not implemented by Jan 10, 2012.
The court had also sought reopening of cases closed under the NRO, and ordered the government to write a letter to the Swiss authorities specifically to reopen cases against the president.
Zardari, accused of graft, was granted amnesty under the NRO issued in 2007 by then president Pervez Musharraf to facilitate the return of former prime minister Benazir Bhutto and her husband Zardari to Pakistan.
Gilani is the second prime minister after Nawaz Sharif to appear before the Supreme Court. On Nov 3, 1997, Nawaz Sharif had been issued a contempt petition by then chief justice Sajjad Ali Shah.
The National Accountability Bureau (NAB) had in 1998 accused Zardari and the late Benazir Bhutto of awarding a pre-shipment inspection contract to the Societe Generale Surveillance (SGS). This was done in return for six percent commission on the total amount the company received from the Pakistan government, the bureau claimed.
IANS inputs
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