Since the Supreme Court of Pakistan has validated the appointments of 339 persons, who were recruited by former National Assembly speaker Syed Yousaf Raza Gilani, a subordinate court cannot declare them unlawful, and there are so many lacunas and shortcomings in the judgement of the National Accountability Court, Rawalpindi, said Punjab Bar Council member Habibullah Shakir, advocate; Shaikh Jamshaid Hayat, Abdul Aziz Khan Niazi, and District Bar President Waseem Mumtaz while addressing a press conference at the Press Club on Wednesday afternoon.
"It is unanimous opinion of senior lawyers and law experts that Syed Yousaf Raza Gilani, former speaker of the National Assembly was sentenced, violating the rulings of the Supreme Court, which clearly stated that new law cannot be applied on old cases and effectiveness of any law from previous date is ultra vires", they added.
They said the present government headed by General Pervez Musharraf has shut the doors of employment in state departments, autonomous and semi-autonomous bodies for 15 million jobless persons while implementing conditionalities of the IMF/World Bank.
They said that government was bound under article 25 to treat all citizens equally and judiciously, but former Punjab chief minister Manzoor Wattoo, Anwar Saifullah, Waseem Sajjad, and Riaz Fatiana were acquitted under the same offences as was committed by Syed Yousaf Raza Gilani when they assured to join hands with the ruling party, but Syed Yousaf Raza Gilani was sentenced to 10-year imprisonment and fined Rs 100 million. It is discriminatory and unconstitutional act of the government, they added.
They said Syed Yousaf Raza Gilani was tried on the charge of appointment of 339 persons violating the rules and regulations and the government introduced an Ordinance on misuse of authority in December 1999, but it was effective from 1993, which shows the ultra vires and bad intention of the government.
Giilani was arrested when local council elections were ahead so that he could not use his influence, they added.
In first reference, the NAB court awarded him five-year imprisonment and fined Rs 0.5 million for misusing his telephone and purchasing vehicles on excess rates.
However, a division bench of the Supreme Court comprising Justice Maulvi Anwar-ul-Haq and Justice Sardar Aslam admitted Gilani's appeal for hearing, and suspended the impugned order besides, releasing him on bail.
Although the present government tried its best to contact Gilani for bargaining, he did not surrender before it.