Dawn – Supreme Court resumes treason hearing; defiant Musharraf may not appear

Islamabad, 9 April 2013. The Supreme Court on Tuesday resumed the hearing of a treason case against former military ruler Pervez Musharraf amid the latter’s refusal to personally appear before the bench.

A two judge bench of the apex court, comprising Justice Jawwad S. Khawaja and Justice Khilji Arif Hussain, has been hearing five identical petitions against the retired general seeking his trial under Article 6 of the Constitution for imposing the state of emergency in 2007.

Earlier on Monday, the bench had directed Musharraf to appear before it today (on Tuesday) to face charges of high treason and also barred him from leaving the country.

However, later on Monday evening, Musharraf’s Facebook account quoted him as saying that:  “I have directed my panel of eminent lawyers to forcefully represent me in the Supreme Court of Pakistan tomorrow… These cases do not frighten me and I will fight all the cases in the court of law!”

The petitioners have also sought trial of retired lieutenant generals Mehmood Ahmed and Muzaffar Usmani as well as retired major generals Aziz Ahmed, Shahid Aziz and Ghulam Mohammad for high treason because, according to them, they had abetted Musharraf in subverting the Constitution.

http://dawn.com/2013/04/09/sc-to-resume-treason-hearing-musharraf-may-not-appear/

BBC News – Pakistan top court to probe corruption official Kamran Faisal’s death

Wednesday, 23 January 2013. The Pakistani Supreme Court has set up its own inquiry into the death of an official who was investigating corruption allegations against Prime Minister Raja Pervez Ashraf.

The chief justice said there were concerns an inquiry ordered by the government would not be free and fair.

The official, Kamran Faisal, was found hanged on Friday in the government hostel in Islamabad where he lived.

Police say he may have taken his own life, but his family allege foul play.

The BBC’s M Ilyas Khan in Islamabad says the court’s move is likely to be welcomed by Mr Faisal’s family and by colleagues at the National Accountability Bureau (NAB) where he worked.

Many NAB officials have been on strike as part of a campaign to demand a separate inquiry into what they see as his mysterious death.

‘Kickbacks’

Speaking in court, Chief Justice Iftikhar Muhammad Chaudhry described Mr Faisal’s death as “shocking”.

“His family members, colleagues, friends and the public at large have shown annoyance and grievances,” Justice Chaudhry said.

“And according to them, they are not expecting a free, fair and honest investigation because of the involvement of highly influential political and executive authorities.”

Two Supreme Court judges will hold their first hearing into Mr Faisal’s death on Thursday. Their investigation will operate in parallel to the judicial inquiry ordered by the interior ministry on Sunday.

Some police investigators say Mr Faisal may have been on anti-depressants at the time he died, which might support claims he took his life. But his family say his body bore marks of torture, suggesting he was murdered.

Mr Faisal had been helping lead the investigation into alleged bribes paid by power firms when Mr Ashraf was minister for water and power in 2010. The prime minister denies wrongdoing.

Last week, the Supreme Court ordered his arrest along with 15 officials also accused in the so-called Rental Power Projects case.

But the prime minister appears unlikely to be detained soon – the head of the NAB has said there is not enough evidence to justify such a move.

The bureau has suspended its investigation into the case, pending the outcome of the inquiries into the death of Mr Faisal.

http://www.bbc.co.uk/news/world-asia-21162012

Dawn – Memo case: SC directs Asma Jahangir to file request for Haqqani’s security

Islamabad, 13 November 2012. During Tuesday’s hearing of the memo case, the Supreme Court directed Asma Jahangir, the counsel for Hussain Haqqani, to file a request with Secretary Interior K M Siddiq Akbar for obtaining security for her client, DawnNews reported.

A nine-judge larger bench headed by Chief Justice Iftikhar Mohammad Chaudhry has been hearing into the controversy revolving around the memo scandal after the judicial commission constituted by the Supreme Court had held that Haqqani was the originator and architect of the memorandum sent to former US military chief Admiral Mike Mullen seeking US intervention to avert a possible overthrow of the civilian government by the military.

During the hearing, the bench told Jahangir that Haqqani should explain what kind of fears he had with respect to returning to Pakistan.

Jahangir told the bench that the country’s security situation was at its worst and added that the court had itself expressed concern over the law and order situation in Karachi.

The counsel further said that Haqqani had asked why it was essential for him to come to Pakistan.

The chief justice said if Haqqani failed to return, an arrest warrant would be issued against him.

Jahangir said in the past, Haqqani was considered important enough to be allowed to stay in the prime minister’s house, adding that, now he would have to file a request with the interior ministry for his security.

Moreover, during the hearing, the interior secretary told the bench that Haqqani would be provided security in light of the dangers he faced.

Subsequently, the court adjourned the case’s hearing sine die.

http://dawn.com/2012/11/13/memo-case-sc-directs-asma-to-file-request-for-haqqanis-security/

BBC News – Pakistani PM Yousuf Raza Gilani faces contempt verdict

Thursday 26 April 2012. Pakistani Prime Minister Yousuf Raza Gilani has arrived at the Supreme Court to hear its verdict in a contempt of court case.

The three-month trial ended on Tuesday when defence and prosecution counsels concluded their arguments.

Mr Gilani denies he is in contempt for failing to reopen corruption cases against President Asif Ali Zardari.

The prime minister faces up to six months in jail and could be barred from office if convicted.

Mr Gilani argues that the president, who rejects the corruption charges, has immunity as head of state.

Arriving at the Supreme Court on Thursday morning, Mr Gilani was surrounded by media and his supporters, some of whom showered him with rose petals.

“We are satisfied with the input given by our lawyers and we are also satisfied with the input by the attorney general,” Mr Gilani told the cabinet in Islamabad on Wednesday.

Mr Gilani, who has appeared before the court twice this year, has previously said he would have to step down if he is found guilty.

The case is part of a stand-off between the government and the judiciary, which many believe is being backed by the military as it pursues the case against the civilian administration.

‘Immunity’

President Zardari is accused of using Swiss bank accounts to launder bribes. He has long said the charges are politically motivated.

The Supreme Court has said Mr Gilani defied a court order to write to the Swiss authorities and ask them to reopen the cases against Mr Zardari.

The defence counsel’s main argument was that the case in Switzerland had been closed by a Swiss judge “on merit” and there was no justification to apply for its revival.

The defence also argued that Mr Zardari has international immunity against criminal proceedings for as long as he is president. Mr Gilani’s team have argued that there is, therefore, no legal evidence to find the prime minister in contempt.

The BBC’s M Ilyas Khan in Islamabad says it is very unlikely that the court will acquit Mr Gilani.

But other possible options open to the court include setting him a deadline to write to the Swiss authorities or face conviction for contempt, our correspondent says.

The prime minister would have the right to appeal if convicted.

His government’s battle with the Supreme Court began shortly after Mr Zardari took office in 2008.

In early 2009 the Supreme Court overturned an amnesty dating from the period of former President Pervez Musharraf which protected President Zardari and hundreds of other politicians from being prosecuted for corruption.

http://www.bbc.co.uk/news/world-asia-17848796

Dawn – Supreme Court resumes PM contempt hearing

Islamabad, 17 April 2012. The Supreme Court on Tuesday resumed the contempt of court hearing against Prime Minister Yousuf Raza Gilani, DawnNews reported.

A seven-judge bench, headed by Justice Nasirul Mulk, was hearing the case.

Earlier on Monday, the prime minister’s counsel, Barrister Aitzaz Ahsan, argued that the bench’s present members should not hear the case as that could come into conflict with the Constitution’s Article 10A which promises a fair trial.

He had also requested the court to delay its decision on the National Reconciliation Ordinance (NRO) implementation case.

Yousuf Raza Gilani was charged with contempt of court on February 13 over the government’s two-year refusal to write to authorities in Switzerland asking them to re-open corruption cases against President Asif Ali Zardari.

http://dawn.com/2012/04/17/sc-resumes-pm-contempt-hearing/

Dawn – No-go areas: Afaq’s plea referred to SHC

Our Staff Reporter

Islamabad: The Supreme Court referred to the Sindh High Court chief justice on Tuesday a petition filed by Mohajir Qaumi Movement-Haqiqi chief Afaq Ahmed seeking initiation of contempt proceedings against the government for not removing “no-go areas” in Karachi.

An SC bench headed by Chief Justice Iftikhar Mohammad Chaudhry observed that since the apex court had not come out with a final judgment in the Karachi target killing case, contempt proceedings could not be initiated.

The matter was referred to the SHC because its chief justice was monitoring the law and order situation in Karachi under an apex court’s order and if not satisfied, the bench said, the petitioner could approach it again.

Afaq Ahmed told reporters after the hearing that the government had not removed the “no-go areas” in Karachi and because of this no political opponent could dare enter these areas.

He admitted that the law and order situation had improved a bit in Karachi, but said the Sindh home minister had advised him to shift to Lahore. He accused the authorities concerned of not proceeding against a political party allegedly involved in terrorist activities in Karachi because of fear that they might lose its support in Sindh.

Mr Ahmed alleged that files of NRO beneficiaries had been removed from Sindh, adding that peace in Karachi would be restored only if the city was de-weaponised and verified weapons licences were issued.

http://www.dawn.com/2012/01/25/no-go-areas-afaqs-plea-referred-to-shc.html

The Tribune – Pakistan PM’s lawyer charges token fee, but has his terms

Afzal Khan in Islamabad

Barrister Aitzaz Ahsan agreed to represent Prime Minister Yousuf Raza Gilani for a token fee of Rs 100, but put tough conditions before he agreed to plead for Gilani in the contempt of court case before the Supreme Court.

Foremost of the conditions was to keep at bay people who had engaged in “uncouth” criticism of the judiciary and the judges. The Barrister was clearly referring to PM Gilani’s earlier counsel and former law minister Babar Awan.

“Unlike in the past, when I represented you while you were in jail and charged you no fee, you will pay me a fee by a cheque in the name of ‘Aitzaz Ahsan and Associates’ the sum of Rs 100,” reads the invoice sent by Aitzaz’s law firm to the Prime Minister.

In the invoice issued on January 17, a day after the apex court issued a contempt notice to Gilani for not complying with court orders on NRO implementation, the Barrister first spelt out his conditions: Persons indulging in unpalatable and uncouth criticism of superior courts be restrained, was the first condition. You and I will travel to the courts by ourselves, and in all humility, without a procession of any kind, the Barrister added.

The conditions appear to have been fulfilled for now as Gilani himself drove to the Supreme Court, with his counsel, on January 19. The firebrand former counsel, Babar Awan, was nowhere to be seen.

The payoff has worked for Gilani as well. Aitzaz was able to secure breathing time of two weeks from the court, till February 2, for the next hearing. The court also spared the Prime Minister from appearing in person for the next hearing.

Aitzaz Ahsan, a leading figure in the lawyers’ movement for the restoration of judiciary, had also pleaded the case of Chief Justice Iftikhar Muhammad Chaudhry when the latter was sacked the first time. Barrister Ahsan had also charged Justice Chaudhry a token amount.

In normal cases, however, his fees run into millions. Aitzaz recently admitted taking Rs 15 million as fee from Haris Steel Mills to defend its case in the Lahore High Court.

Besides appearing for the Chief Justice, Aitzaz has been the counsel for former Prime Ministers Benazir Bhutto and Nawaz Sharif in the past.

In his invoice-cum-draft agreement with Gilani, the lawyer also spelt out his strategy before taking up the case. “You have always known my position on the basis of which I have continuously advised the government that since the office of the President (whosoever be the incumbent) imparts full immunity to the incumbent, temporarily for the duration of the office, at home and abroad, the writing of the letter would not be of any consequence.”

“Though the letter to Switzerland would not have resulted in a prosecution, you have a defence if you thought it appropriate not to be seen to have set a precedent of pushing the President of our country into a public ordeal before a foreign forum,” he added. This would have amounted to throwing a man into a foreign fire in the belief that he cannot be harmed by domestic fire, said the lawyer.

http://www.tribuneindia.com/2012/20120123/main6.htm