The Supreme Court on Thursday ruled that contempt of court proceedings would be initiated against Prime Minister Yousuf Raza Gilani. The apex court has summoned the premier on Feb 13 when he is expected to be formally indicted.
A seven-member Supreme Court (SC) bench headed by Justice Nasirul Mulk heard the contempt case against Prime Minister Syed Yousuf Raza Gilani. The PM Gilani’s counsel, Aitezaz Ahsan gave arguments before the court.
Aitzaz said acting upon the Rules of Business is a constitutional pre-requisite and under the Business Rules, it is Law Ministry which is to advise the PM on legal affairs. The PM’s Counsel stressed the power of decision will rest with the Prime Minister, in case Attorney General of Pakistan is at variance with the law ministry over the advice. Furthermore, he informed the court that as many as four legal experts advised the PM Gilani in National Reconciliation Ordinance (NRO) case not to write the letter; only the then Attorney General Anwar Mansoor voiced difference of opinion.
Justice Mulk remarked besides Anwar Mansoor, Law Secretary Aqil Mirza also expressed opposition and both of them resigned from their offices over the issue. Justice Mulk queried as to how much weight to be given to the opinion of legal experts in presence of clear-cut court instructions.
Ahsan submitted the court in grade 22 promotion case, bound the Prime Minister to implement the summary. Justice Athar Saeed remarked the Prime Minister is authorized also to dismiss the advice. However, Ahsan said the court held the rejection of advice as incorrect in Grade 22 promotion case. Ahsan said it is not criminal not to use the power to reject the advice. Later, the apex court summoned PM on Feb. 13.