Conviction not in accordance with charges: Aitzaz

Prime Minister Yousuf Raza Gilani does not stand disqualified as one part of the Supreme Court judgement is beyond the scope and charge of contempt case, according to Aitzaz Ahsan, the counsel for Gilani. Addressing a news conference after a special meeting of the Cabinet chaired by Prime Minister Gilani soon after he was convicted by the apex court, Aitzaz said that Gilani was not convicted in accordance with the charges that he faced during his trial.
He said the Cabinet, coalition partners and Prime Minister had decided to file an appeal to challenge the apex court's decision. Aitzaz was flanked by Minister for Information Qamar Zaman Kaira and Minister for Law and Justice Farooq H. Naek at a press briefing.
Aitzaz said the short order had condemned Prime Minister for judicial and criminal contempt, although he was tried in the court in a civil contempt case for disobedience of order. Thus new charges required a proper trial, based on framing of charges, production of evidence and witnesses, cross-examination, etc, by the defence side.
In response to a question whether he considered apex court's short order as unfair, Aitzaz said that the short order, in two parts, was beyond the indictment. "What I am saying is precisely not about fairness or unfairness, but that the verdict in parts is beyond the indictment," Aitzaz said and added charges against Gilani were framed for one offence - for disobedience of court order - but he was convicted in two offences - disobedience and scandalising or defaming the court - for which he was never tried.
"The Prime Minister does not stand disqualified and would remain the Prime Minister till a decision by the speaker," he said. According to Aitzaz, those who consider that Gilani automatically stood disqualified are mistaken. He agreed to the statement of Attorney General for Pakistan that conviction of Prime Minister in the offence whose charges were not framed was in fact violation of the Constitution and law.
Aitzaz said he wanted to submit a few points before the bench about their observation regarding disqualification in the short verdict, but they did not listen to him. Moreover, he said he also wanted to submit before the learned bench that it is the case of first impression in many respects because insofar there had not been any judgement about Article-10 of the Constitution and those who advised the Prime Minister had not been tried by the court. Aitzaz said that Prime Minister was ready to face any sentence from the court in the contempt case and, Gilani brought his luggage to the court because he was ready to go to jail, Aitzaz said.