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ISLAMABAD, Pakistan — Pakistan’s Supreme Court on Friday rejected an appeal by Prime Minister Yousaf Raza Gilani against contempt charges, escalating a tense standoff between the judiciary and the ruling Pakistan Peoples Party.
The court will start contempt proceedings against Mr. Gilani on Monday for failing to pursue an investigation against President Asif Ali Zardari on corruption charges. Mr. Gilani faces six months of prison and disqualification from office, if convicted.
Since 2009, the Supreme Court has insisted that the government write a letter to the authorities in Switzerland, asking them to reopen a corruption investigation against Mr. Zardari that stretches to the 1990s and involves the president’s finances in that country.
During the court proceedings Friday morning, Chief Justice Iftikhar Muhammad Chaudhry said the judiciary respected the Parliament and did not want to create unrest in the country. “We are exercising restraint,” Justice Chaudhry said, adding that the government had continued to defy court orders.
“We undermine ourselves if we don’t ensure compliance,” said Jawad S. Khawaja, another judge, as Aitzaz Ahsan, the lawyer for Mr. Gilani, tried unsuccessfully to persuade the panel of judges to dismiss the contempt charges.
Mr. Ahsan maintained that by not writing a letter to the Swiss authorities, Mr. Gilani was acting on the advice of his legal team and did not intentionally commit contempt of court.
“He holds the court in highest esteem and respect,” said Mr. Ahsan, referring to the prime minister.
In the decision, Justice Chaudhry said the court upheld an earlier summon for Mr. Gilani to appear next week, when he would be indicted.
“The appeal is dismissed,” Justice Chaudhry said.
After the hearing, Mr. Ahsan told reporters that Mr. Gilani will appear before the court on Monday.
At a separate hearing, Justice Chaudhry ordered the country’s powerful intelligence agencies to produce seven terror suspects before the court on Friday afternoon. The order was unusually strong — though the court stopped short of ordering the head of the intelligence services to appear before the court in person.
The Supreme Court had earlier this month ordered the Inter-Services Intelligence directorate, the spy agency, to produce seven suspected militants it has been holding since 2010 and to explain how four other detainees from the same group died in mysterious circumstances over the past six months.
Raja Irshad Kayani, the lawyer representing the ISI, asked for more time to comply with court orders but was the request was rejected by Justice Chaudhry.
“We are not willing to entertain a single submission,” the chief justice said.
“Even the prime minister of the country has appeared before the court,” Justice Chaudhry said. “When will you be answerable?”
“It might not be possible to bring them before the court on such short notice,” Mr. Kayani said, referring to the terror suspects.
“Use a helicopter,” Justice Chaudhry responded and said those suspects who are sick can be brought to the court on stretchers.
The court will start contempt proceedings against Mr. Gilani on Monday for failing to pursue an investigation against President Asif Ali Zardari on corruption charges. Mr. Gilani faces six months of prison and disqualification from office, if convicted.
Since 2009, the Supreme Court has insisted that the government write a letter to the authorities in Switzerland, asking them to reopen a corruption investigation against Mr. Zardari that stretches to the 1990s and involves the president’s finances in that country.
During the court proceedings Friday morning, Chief Justice Iftikhar Muhammad Chaudhry said the judiciary respected the Parliament and did not want to create unrest in the country. “We are exercising restraint,” Justice Chaudhry said, adding that the government had continued to defy court orders.
“We undermine ourselves if we don’t ensure compliance,” said Jawad S. Khawaja, another judge, as Aitzaz Ahsan, the lawyer for Mr. Gilani, tried unsuccessfully to persuade the panel of judges to dismiss the contempt charges.
Mr. Ahsan maintained that by not writing a letter to the Swiss authorities, Mr. Gilani was acting on the advice of his legal team and did not intentionally commit contempt of court.
“He holds the court in highest esteem and respect,” said Mr. Ahsan, referring to the prime minister.
In the decision, Justice Chaudhry said the court upheld an earlier summon for Mr. Gilani to appear next week, when he would be indicted.
“The appeal is dismissed,” Justice Chaudhry said.
After the hearing, Mr. Ahsan told reporters that Mr. Gilani will appear before the court on Monday.
At a separate hearing, Justice Chaudhry ordered the country’s powerful intelligence agencies to produce seven terror suspects before the court on Friday afternoon. The order was unusually strong — though the court stopped short of ordering the head of the intelligence services to appear before the court in person.
The Supreme Court had earlier this month ordered the Inter-Services Intelligence directorate, the spy agency, to produce seven suspected militants it has been holding since 2010 and to explain how four other detainees from the same group died in mysterious circumstances over the past six months.
Raja Irshad Kayani, the lawyer representing the ISI, asked for more time to comply with court orders but was the request was rejected by Justice Chaudhry.
“We are not willing to entertain a single submission,” the chief justice said.
“Even the prime minister of the country has appeared before the court,” Justice Chaudhry said. “When will you be answerable?”
“It might not be possible to bring them before the court on such short notice,” Mr. Kayani said, referring to the terror suspects.
“Use a helicopter,” Justice Chaudhry responded and said those suspects who are sick can be brought to the court on stretchers.
http://www.nytimes.com/2012/02/11/world/asia/pakistan-prime-minister-gilani-appeal-is-rejected-by-supreme-court.html?_r=1&pagewanted=print
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