BBC News – Pakistan Supreme Court bars PM Gilani from office

Tuesday, 19 June 2012. Pakistan’s top court has disqualified Prime Minister Yousuf Raza Gilani from holding office, two months after convicting him of contempt of court.

The Supreme Court ruled he had “ceased to be the prime minister of Pakistan”.

In April, the Supreme Court convicted Mr Gilani of failing to pursue corruption charges against President Asif Ali Zardari.

The legal case is part of a bitter feud between Pakistan’s civilian government and the judiciary.

In April, Mr Gilani was given only a token sentence and spared a jail term.

Tuesday’s court ruling disqualified him from office and from parliament.

“Since no appeal was filed [against the 26 April conviction]… therefore Syed Yousuf Raza Gilani stands disqualified as a member of the Majlis-e-Shoora [parliament],” Chief Justice Iftikhar Chaudhry told a packed courtroom.

He added: “He has also ceased to be the prime minister of Pakistan… the office of the prime minister stands vacant.”

The court backdated the disqualification to 26 April, raising questions over decisions Mr Gilani has made in office since then including the budget.

Within hours of the order, the country’s electoral commission announced that Mr Gilani had been disqualified from the National Assembly, with effect from 26 April.

Amid the uncertainty, Pakistan’s main stock market fell slightly by close of business on Tuesday.

The ruling effectively dismisses Mr Gilani’s cabinet as well. It is not clear what next steps Mr Gilani may take – or whether his removal means the government will fall.

The party and its allies should have the necessary majority in parliament to elect a successor to Mr Gilani.

Senior leaders of the governing Pakistan People’s Party (PPP) and coalition partners spent much of Tuesday locked in emergency talks with Mr Gilani and President Zardari.

Addressing a news conference in Islamabad, PPP information secretary Qamaruz Zaman Kaira said the leadership had “sent a strict call to the party rank and file to exercise restraint and not to hold protest demonstrations”.

He said the party would “decide on the next course of action after consulting coalition partners, who are meeting tonight”.

Mr Kaira said the PPP had “reservations” about the court order but acknowledged that Mr Gilani “was no longer prime minister”.

Ruling ‘unlawful’

The BBC’s Orla Guerin in Islamabad says there will be great political uncertainty following the ruling.

During Tuesday’s hearing, Attorney General Irfan Qadir accused the court of behaving unlawfully.

He said the prime minister was not answerable to the court in regard to his professional duties and that justices had violated an article of the constitution in their ruling.

But most observers expect the PPP to avoid confrontation with the judiciary over the Supreme Court order.

“I don’t see this as a major constitutional breakdown unless the PPP ignores this decision,” one legal expert Salman Raja told Reuters news agency.

Mr Gilani has always insisted only parliament can remove him from office.

He decided not to appeal against the contempt conviction in April – his lawyer saying he feared a more unfavourable decision from the court if he did so.

The pursuit of the contempt case by increasingly assertive Supreme Court judges is widely seen as an attempt at meddling in the country’s politics. Many believe the judiciary is being backed by the military.

The charges against President Zardari date back to the 1990s when his late wife Benazir Bhutto was prime minister. They were accused of using Swiss bank accounts to launder bribe money.

President Zardari has always insisted the charges against him are politically motivated.

The Supreme Court ordered Mr Gilani’s government to write to the Swiss authorities to ask them to reopen the cases against Mr Zardari.

But Mr Gilani refused, saying the case had been closed by a Swiss judge “on merit” and the president had constitutional immunity.

http://www.bbc.co.uk/news/world-asia-18506728

Dawn – Martial law era has ended: Gilani

Zulqernain Tahir

Lahore, 11 June 2012. Prime Minister Yousuf Raza Gilani has said neither the Pakistan People’s Party nor the army has anything to gain from the Arsalan case and urged Chief Justice Iftikhar Muhammad Chaudhry to hear the case of his son, Ali Musa Gilani.

“Neither we nor the army is the beneficiary of this case. And how can we be. The masses have elected us not the judiciary and the army is an institution and it has no role in it,” he said while answering a question during a meeting with newsmen at the State Guest House here on Sunday.

He said his son Abdul Qadir Gilani faced allegations in the Haj scam which could not be proved and the chief justice ordered legal action against those who had levelled false allegations against him (Qadir).

“As the chief justice cannot hear the case of his own son (Arsalan), he should consider my son (Ali Musa) his own son and hear his case because he is only facing an allegation of having made a phone call in the ephedrine case,” Mr Gilani asked.

On a question that Malik Riaz, the real estate tycoon, was a friend of adviser to the prime minister on interior affairs Rehman Malik, the prime minister said: “Riaz Malik is a friend of all politicians, including Nawaz Sharif.”

He declined to comment when asked whether the chief justice should resign over corruption allegations levelled against his son (Arsalan). “The matter is sub judice and I will not comment on it,” he said.

The prime minister was critical of PML-N President Nawaz Sharif for becoming a party in every high-profile case. “Which gate (memogate and others) Mr Sharif did not become a party to. Let’s see if he is thinking of becoming a party in the Arsalan case too,” he said, adding that Nawaz Sharif was particularly targeting him these days because he wanted to prove that his party was a ‘real opposition’. Because of his fear of Imran Khan, he said, Mr Sharif was behaving like this.

When asked if the current situation could lead to martial law. “The era of martial law is over. There is no room for martial law,” he said.

About the standoff in Pakistan-US relations over reopening of Nato supply routes, Mr Gilani said: “Pakistan will decide restoration of Nato supply routes in the best national interest. We will take all stakeholders on board, besides considering the recommendations of the parliamentary committee in this regard.”

He said democratic forces did not believe in non-party elections and days of the politics of 1980s were gone. “The local bodies elections in Punjab should be held on party basis and as per directions of the apex court. Election on non-party basis is a tool of dictators to form a king’s party.”

The prime minister said other three provinces had decided to hold local government elections on party basis and Punjab should follow suit. “I ask the Punjab government to follow the order of the Supreme Court in this regard and hold local polls.”

Mr Gilani said he ‘felt sorry’ for Shahbaz Sharif for setting up a tent office at Minar-i-Pakistan. He said the Punjab government rejected Shujaat’s formula to overcome loadshedding and also refused to contribute funds although major resources had been transferred to the provinces. He said despite the current bickering between the PPP and PML-N there was still room for reconciliation.

He said the PML-N’s double standards had been exposed in the new budget of the Punjab government because it had submitted a resolution for creation of south Punjab and Bahawalpur provinces but it did not earmark any funds for them.

Answering a question, the prime minister said if there was a law existed on dual nationality why it was not applied when ‘imported’ prime ministers ruled the country. He said expatriates contributed $12 billion a year to the country’s economy.

“If they (expatriates) have right to vote why they cannot become members of parliament.”

Mr Gilani said Pakistan today had good relations with India, Iran, China, Afghanistan and Russia which his predecessors never had.

“Our trade agreement with India will benefit our economy and we are also signing gas agreements with India, Qatar and Iran,” he said.

http://dawn.com/2012/06/11/martial-law-era-has-ended-gilani/

Dawn – Gilani sees launch of Conservative Friends of Pakistan

London, 11 May 2012. Prime Minister Syed Yousuf Raza Gilani and his British counterpart David Cameron on Thursday joined large number of cabinet ministers, Lords, members of Parliament and others at the launch of the Conservative Friends of Pakistan.

The launch during Prime Minister Syed Yousuf Raza Gilani’s five-day visit to the United Kingdom aims at providing a political platform to the Pakistani community to play an even greater role.

The Conservative Party plans to target ethnic minority voters in the next election. The party has been advised by the party’s co-chair, Baroness Warsi, that the party will not secure a majority without the support of these votes.

Prime Minister Gilani said the presence of David Cameron and senior leaders of the Conservative party reflects the importance it attaches to Pakistan and its community. He said the UK was home to around 1.3 million Pakistani community that was making a significant contribution towards the British politics, economy and the society as a whole.

He termed it a welcome initiative on part of the leadership of the Conservative party and said it will help to energise the Pakistani community to participate more actively in the British politics. He said it would also create better understanding between the two countries and its peoples.

Gilani said the year also marks 65th anniversary of the historical and cordial relations between Pakistan and the United Kingdom and the launch of the forum makes it all the more meaningful and momentous.

The Prime Minister said that the office bearers of the group were distinguished personalities of high repute and stature and said that he was quite certain that the forum would continue to grow and flourish.

He wished the forum success in their future Endeavour’s and assured fullest support and cooperation of his government.

The Prime Minister also congratulated Baroness Warsi, her team and the office bearers of the Conservative Friends of Pakistan for the initiative.

Tory Chairman Baroness Warsi had earlier unveiled plans to coax female and Asian voters who share the party’s views but who have customarily voted Labour.

http://dawn.com/2012/05/11/gilani-sees-launch-of-conservative-friends-of-pakistan/

Dawn – By-elections if PML-N’s legislators quit: Prime Minister Gilani

Lahore, 7 May 2012. Prime Minister Yousuf Raza Gilani said on Sunday that the government would hold by-elections if the PML-N resigned from assemblies.

“If the PML-N has courage it should resign from the assemblies, but let me tell you we will hold by-elections,” the prime minister said while talking to office-bearers of the Lahore Press Club at his residence.

He said that Nawaz Sharif and Imran Khan should have read the Constitution before expressing solidarity with the judiciary. The prime minister said he was an elected representative of 180 million people of the country and only the parliament could send him home.

He said the PML-N had signed the Charter of Democracy and now it was talking about holding a long march against a democratically-elected government.

He said he would ask the Sharifs why they had forgotten the Swiss case at the time of signing the charter.

“How will Nawaz Sharif take on the Gilanis and Zardaris when he could not challenge a dictator,” he said, adding the Sharifs hoodwinked people by signing a 10-year agreement with a dictator and pledging not to take part in politics.

“Both Z. A. Bhutto and Benazir Bhutto took on the dictators and sacrificed their lives but never compromised on principles,” he said.

The PML-N was holding ‘small’ rallies, Mr Gilani said, adding that even his son could hold larger public gatherings.

He asked the opposition to table a motion of no-confidence against him and said it should not think about sending him home by illegal and unconstitutional means.

He said that bar councils had supported his stance.

http://dawn.com/2012/05/07/by-polls-if-pml-ns-legislators-quit-gilani/

Dawn – Government objects to Supreme Court move in Gilani case

Ahmad Hassan

Islamabad, 29 April 2012. The government came up with unmistakable indications on Saturday that it was ready to prolong the contempt case, contending that an official of the Supreme Court had misused his powers by writing to the National Assembly and the Chief Election Commissioner asking them to take “further necessary action” for implementation of the verdict against the prime minister.

Law Minister Farooq Naek, at a press conference, urged the Supreme Court to hold an inquiry into the matter and hinted that the government would move a privilege motion against the court’s assistant registrar since he had “breached the privilege of Parliament”.

Information Minister Qamar Zaman Kaira, Minister for Postal Services Sardar Alhaj Gorgeij and Senator Sardar Ali were present on the occasion.

Mr Naek told the press conference that the Supreme Court had sent a letter along with copies of its two short orders in the contempt case against Prime Minister Yousuf Raza Gilani to the Speaker of the National Assembly and the Chief Election Commissioner asking them for further necessary action.

The letter, written by SC’s Assistant Registrar Iqbal Naseem on the day the apex court had convicted Mr Gilani, said: “I am directed to enclose herewith a certified copy of the short order of the court dated 26-4-2012 and another order dated 26-4-2012 passed in the above cited criminal original petition for further necessary action.”

Reading from the court order, Mr Naek pointed out that the SC had not asked for disqualification of the prime minister. Instead, he added, the court had left the decision for other ‘institutions’ (NA speaker and CEC).

“If the Supreme Court decides to disqualify Prime Minister Yousuf Raza Gilani, the government will be ready to comply with all its orders,” the law minister observed.

Mr Naek said that an appeal against the Supreme Court’s order could be filed only after the detailed judgment was released.

He claimed that the Supreme Court order was not passed under Section 5 of the contempt of court ordinance which disqualified a person from holding public office for five years.

“The court always gives a detailed order so that the accused can read it and file an appeal, but in this case the Supreme Court did not issue a detailed order nor did it give a copy of its order to the prime minister,” he asserted.

He claimed that the Supreme Court did not disqualify the prime minister and people should not rush into passing judgments. “A trial ends only after an appeal is heard… What is the rush all about?”

Mr Naek said the NA speaker still had 30 days to decide about the prime minister’s fate and till that time Mr Gilani would continue to head the government and remain a member of the National Assembly.

Information Minister Qamar Zaman Kaira wondered why a contempt case was “hushed up against those who had pushed and insulted the chief justice after he was deposed (in 2007) and political workers were on the streets in his support.

He asked the PML-N leadership not to jump to conclusion and “avoid a collision course”.

“The People’s Party has learned lessons from its mistakes and will try to persuade the opposition not to repeat mistakes,” Mr Kaira said.

http://dawn.com/2012/04/29/govt-objects-to-sc-move-in-gilani-case/

Dawn – Down but not out; Gilani’s contempt of court case

Islamabad, 27 April 2012. In a ruling that added more chaos than clarity to an already messy and murky scenario, the Supreme Court handed down a symbolic punishment lasting less than a minute to Prime Minister Yousuf Raza Gilani on Thursday, making him the first ever chief executive to be convicted for committing contempt.

Wearing a black ‘sherwani’ instead of the suits he has usually preferred for his previous court appearances, the prime minister walked to the Supreme Court along with his son Musa Gilani, members of his cabinet and a crowd of supporters.

Pushed and shoved as well as showered with rose petals, the prime minister made his way to Courtroom 4.

The ruling convicted him for contempt and sentenced him “until the rising of the court”. The time period lasted only 37 seconds, after which the now convicted prime minister exited the premises.

Blue-clad officers stood hand-in-hand, encircling the prime minister and his supporters as he inched his way toward his car in an area overrun by local and foreign journalists as well as the PPP walahs.

Moment of truth

The ruling passed by the seven judges comprising the bench was short. The entire affair lasted only a few minutes.

“Can the respondent (Prime Minister Gilani) come to the rostrum?” asked Justice Nasirul Mulk, who had been heading the bench hearing the contempt case for over three months, before he read out the judgment.

“For the reasons to be recorded later the accused Syed Yousuf Raza Gilani, Prime Minister of Pakistan/Chief Executive of the Federation, is found guilty of and convicted for contempt of court… after our satisfaction that the contempt committed by him is substantially detrimental… and tends to bring this court and the judiciary of this country into ridicule.

“… (W)e note that the findings and the conviction for contempt of court… are likely to entail some serious consequences in terms of Article 63(1g) [disqualification] of the constitution….

“He is, therefore, punished under Section 5 (punishment) of the Contempt of Court Ordinance (ordinance V of 2003) with imprisonment till the rising of the court today.”

Only moments after the short order, the bench rose, and despite repeated efforts by Barrister Aitzaz Ahsan to attract the attention of the court, the judges exited the room. Ahsan repeated, “My lord, my lord, my lord,” but to no avail.

Soon after the court was adjourned, the bench released the following statement:

“The respondent appeared in person with his learned counsel. The short order passed in the matter of contempt of court was read out in open court. After that, the respondent/convict remained in the custody of the court till his release upon rising of the court for the day.”

Barrister Aitzaz, who represented the prime minister in the contempt case, later announced that an appeal would be filed against the decision.

http://dawn.com/2012/04/26/pm-arrives-at-sc-for-contempt-verdict/

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 – Gilani says he is not afraid of anyone

Dawn Report

Lahore/Multan, 17 March 2012. Prime Minister Yousuf Raza Gilani maintained the tempo of what has been described as a sort of political offensive and declared on Friday that he was not afraid of `anyone` because “I am in politics”.

And as if to elaborate what he meant he used an Urdu proverb to shed light on the problems he is facing. Roughly translated the proverb says that someone dealing in coal gets his hands blackened.

The prime minister who was talking to reporters at the Kinnaird College in Lahore where he attended its 75th convocation said his government would try to give relief to people in its fifth budget. He added that he had asked the finance ministry to create 100,000 jobs for educated youth.

The prime minister said his was the first democratically elected government to complete four tough years. And the president would make a policy statement in his fifth annual address to a joint sitting of the two houses of parliament, another first in the country`s history.

The prime minister said there had been no political prisoner in the country during his term.

He said the media was free and would be given more freedom because through criticism “it washes our sins and take us to new heights”.

He announced a grant of Rs60 million for the college to be used for the construction of an information technology block, research, endowment fund and purchase of vehicles.

Later talking to reporters in Multan, the prime minister said the political situation was stable and efforts were being made to strengthen the system, democracy and parliament.

“We want supremacy of parliament, protection of institutions and independence for media.”

He said the government had restored the Constitution in its original shape. “There will be no possibility of a conflict if all institutions follow the constitutional procedure within their limits,” he added.

http://www.dawn.com/2012/03/17/gilani-says-he-is-not-afraid-of-anyone.html

Dawn – Restoring 1973’s Constitution biggest achievement: Gilani

Islamabad, 11 March 2012. Prime Minister Yousuf Raza Gilani on Saturday said that the passage of amendments to restore 1973 Constitution in its original form without having simple majority was the biggest achievement of his government.

Speaking to media representatives here at Prime Minister House, the prime minister said that restoration of 1973 Constitution was a challenging task when he took over as the chief executive four years ago.

The government accomplished the task with the support of other political parties by passing three constitutional amendments, he added.

He said it was the credit of this democratic government which had completed four years of its term and implemented 80 per cent of its manifesto to provide relief to the people.

He expressed the hope that the government would achieve consensus in the Parliament on the issue of Accountability Law like it had done with regard to the passage of the amendments.

The government had also succeeded in 80 per cent implementation of the Charter of Democracy (CoD) signed between Benazir Bhutto and PML-N chief Nawaz Sharif, he said.

Referring to other achievements, he said the government had taken decisions on foreign policy in the national interests, including access to the European Union market, election to the Security Council of the United Nations and improved relations with neighbours.

The prime minister said there was no political victimisation during his tenure, no arm twisting and no horse-trading to win political affiliations.

Talking about the challenges being faced by his government during the four years, the premier said energy crisis, extremism and terrorism remained the biggest challenges, which were inherited by it.

He said the government had been taking practical steps to face these challenges and provide relief to the people. He said the government would provide relief to the masses in the next budget in accordance with the available resources.

http://www.dawn.com/2012/03/10/restoring-1973s-constitution-biggest-achievement-gilani.html