PM bows, SC to debate presidential immunity

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PM bows, SC to debate presidential immunity

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PM Gilani appeared in the court to respond to contempt notice in NRO implementation case.

19 January,2012 05:00 am

The government on Thursday bowed to a long-standing Supreme Court demand to debate whether the president enjoys immunity from a past corruption case, a concession that could help defuse a crisis threatening the U.S.-backed administration.The government agreed to the demand after the court threatened Prime Minister Yousuf Raza Gilani with contempt charges for failing to reopen a decade-old case against his boss, President Asif Ali Zardari, and forced the premier to make a rare appearance before the judges.The court gave Gilanis attorney two weeks to prepare his argument. The period could further reduce heightened tension between the Supreme Court and the beleaguered government, which is also battling the judges and the powerful army over a secret memo sent to Washington last year seeking help in stopping a supposed military coup.Speculation has been rampant that the combined assault could cause the governments downfall by forcing it to accept calls for early elections. But the government may be heartened by the Supreme Courts decision not to make any immediate moves to hold Gilani in contempt, a charge that could land him in prison for up to six months and disqualify him from holding office.The government has long defied a 2009 Supreme Court order to write a letter to Swiss authorities asking them to reopen a corruption case against Zardari that dates back to the 1990s, claiming he enjoys immunity from prosecution while in office.It has also ignored a demand to go before the court to argue the immunity claim, probably because members of the ruling party viewed the courts actions as a partisan campaign to take down Zardari, who has clashed with Supreme Court Chief Justice Mohammad Iftikhar Chaudhry.Gilani delivered a nearly 10-minute speech Thursday to the seven-judge bench, which did not include Chaudhry. The prime minister expressed respect for the court and said he never intended to ridicule the judges. He said it was his belief that Zardari has complete immunity inside and outside the country.Gilanis lawyer, Aitzaz Ahsan, did most of the talking for the prime minister during the session and agreed to formally argue for the presidents immunity before the judges when the hearing resumes on Feb. 1.I will bow to the court order and will also speak on immunity to satisfy the court that the president has complete immunity, Ahsan told reporters.The Supreme Court has adjourned the contempt proceeding against the PM to February 1. The apex court has extended the deadline to submit answer in the case to February 1.The court has also exempted the Prime Minister from appearing in the court in person. The counsel fot the PM aitzaz Ahsan will submit the answer on the February 1, 2012.Earlier, Prime Minister Syed Yousuf Raza Gilani appeared before the Supreme Court to respond to contempt of court proceedings.A seven-member larger bench of Supreme Court of Pakistan headed by Justice Nasir-ul-Mulk is hearing the contempt of court notice.Prime Minister Syed Yousuf Raza Gilani came on rostrum and presented his views before the bench. He said that he had not given any impression that would entail contempt of court.The PM told the court that the president enjoys immunity from prosecution in the 18th Amendment that’s why the letter was not written to the Swiss authorities.I have come today to show my respect to this court, Yousuf Raza Gilani told the Supreme Court in a statement. It will not give a good message to proceed against a president who is elected by a two-thirds majority.There is complete immunity for head of states everywhere, he said.I have discussed this with my friends and experts, and they all agree that he has got complete immunity, Gilani added.The PM said he spent six years in prison and was never reluctant to appear before the court which shows that he always respected the court. He said Zulfiqar Ali Bhutto, Nusrat Bhutto and Benazir Bhutto also appeared before the courts.Gilani’s counsel Aitzaz Ahsan appeared before the bench and reiterated his stance that the president has immunity. The court replied saying that it has been asking the government since 2009 to act upon the case, but no one has come in all these years to talk about president’s immunity.Ahsan added that the government should have written the letter to the Swiss authorities.Aitzaz Ahsan said that one paragraph of the NRO verdict was related to the president, however, the Constitution gives him immunity and the court should see the Constitution’s restrictions in his case.Justice Asif Saeed Khosa inquired whether the government will write the letter or not, but Ahsan said that an inquiry can be held against President Asif Ali Zardari only when he is not the president.Ahsan added that the Constitution gives immunity to the post of the president and not to Asif Ali Zardari in particular.Justice Sarmad also inquired why the government has not been writing the letter since two years.It is only the second time that the court has initiated contempt proceedings against a sitting prime minister.The heads of the coalition partners, including PML-Q President Chaudhry Shujaat Hussain, Senior Federal Minister Chaudhry Pervaiz Elahi, ANP chief Asfandyar Wali Khan, MQM parliamentary leader Dr Farooq Sattar, Fata parliamentary leader Munir Khan Orakzai, Sindh Chief Minister Syed Qaim Ali Shah, Punjab Governor Sardar Latif Khosa, Khyber-Paktunkhwa Governor Barrister Masood Kosar, cabinet members and senior PPP leaders is accompanying Prime Minister Gilani.The Supreme Court had summoned Gilani to explain his refusal to ask Switzerland to re-open graft cases against President Asif Ali Zardari. Aitzaz Ahsan will defend the Prime Minister in the case.On this ocassion security had been tightened in the Supreme Court. Additional CCTV cameras had been installed in the courtrooms as well as at public entry gates of the apex court. Special passes had been issued to the parties to the case and Prime Minister’s legal team.Later, the the PM left the courtroom as the court adjourned the hearing till Feb 1. The PPP lawyers and workers received the PM and chanted slogans in favour of him and Pakistan Peoples Party outside the Supreme Court building.Talking to media outside the Supreme Court after the hearing, Aitzaz Ahsan said that it was a big day for the law, Constitution and the judiciary of the country that the counrty’s prime minister came to the court himself.“This indicates the majesty of the law and the majesty of the Supremre Court,” he added.