A special bench of the Supreme Court will resume hearing on contempt of court case against Prime Minister Yousuf Raza Gilani on Wednesday (today). A seven-member bench led by Justice Nasirul Mulk also comprises Justice Asif Saeed Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed.
Prime Minister's former principal secretary and incumbent secretary cabinet and defence Nargis Sethi will appear before the bench to record her statement, as a defence witness during the proceedings. Besides, Premier's counsel Aitzaz Ahsan will submit summaries of May 21 and September 21, 2010 along with the orders passed by his client in pursuance of court's orders pertaining to reopening of Swiss cases against President Asif Ali Zardari.
The summaries sent by law ministry contain advice/consultation to the Prime Minister not to write letter to the Swiss authorities to reopening corruption cases against President Zardari. According to Aitzaz Ahsan, the Premier is bound to follow the legal opinion of the law ministry.
Ahsan also said that since the PM could be convicted by the court, thus he should be given full opportunity to defend himself, adding that he would submit documentary evidence and also deliver arguments. Aitzaz also contended that he wanted to prove that his client had not defied the court orders willfully and deliberately. The bench has already indicted the Prime Minister on the contempt of court charges. Earlier on February 28, 2012, the bench allowed the PM to produce his former principal secretary Nargis Sethi as his defence witness in the ongoing contempt proceedings against him for not complying with the court's December 16, 2009 order in the National Reconciliation Ordinance (NRO) case.
Ahsan still insists that his client never intended to act in contempt of court and that have had followed the Rules of Business, adding that his client had acted upon the advice of concerned officials that graft cases against President Asif Ali Zardari could not be reopened in Switzerland, as he enjoyed complete immunity under Article 248 of the Constitution.
On last hearing, Ahsan requested the bench to summon former law minister Dr Babar Awan, law secretary Masood Chishti and former principal secretary to the PM Nargis Sethi, who had signed the summaries, as court's witnesses in the matter, so that they could endorse the draft of the summaries sent to his client. But the court had rejected his request, asking him that he might produce them as defence witnesses. Aitzaz, however, had told the bench that his client, being the PM, did not want to ask Babar Awan and Masood Chishti to appear for his defence.
Besides, he had also pleaded that according to his information both the persons had declined to appear as defence witnesses. However, he had maintained that he would produce Nargis Sethi as defence witness and would also cross-examine her. The bench allowed Ahsan to produce and cross-examine Nargis Sethi. He had stated that the summaries signed and sent by Babar Awan and Masood Chishti led to contempt of court case against his client, as his client was bound to act on the advice of law ministry's officials.
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