The Supreme Court Friday rejected Prime Minister Syed Yousuf Raza Gilani's Intra-Court Appeal with remarks "we are sorry Aitzaz" by the Chief Justice as the court announced its order. An 8-member bench led by Chief Justice Iftikhar Muhammad Chaudhry was hearing Intra Court Appeal (ICA) filed by Aitzaz Ahsan, counsel for Prime Minister Syed Yousuf Raza Gilani, with a plea to exempt him from appearing before the court in contempt charges on February 13 as well as to repeal a show-cause notice issued to the Premier.
After the dismissal of the ICA, the Prime Minister will be required to appear in the Supreme Court on February 13 to face indictment for the government's two-year refusal to ask Swiss authorities to re-open graft cases against President Asif Ali Zardari. During the course of hearing, Ahsan reiterated his arguments, saying there was no specific reason to initiate contempt of court proceedings against the Premier as he had not defied court orders but had followed the federal law ministry's summary in the matter. However, the bench opined that the situation in the case in hand would be changed if the premier showed his willingness to write a letter to Swiss authorities to re-open a graft case against President Asif Ali Zardari.
Addressing Ahsan, Chief Justice Chaudhry said: "The court is exercising restraint and we don't want unrest in the state". The CJP asked Ahsan to tell the Prime Minister that any defiance of the court order was not in the interest of the country. The CJP observed that under Article 190 of the Constitution of Pakistan the premier was bound to abide by the court's decision on NRO verdict.
Justice Jawad S.Khawaja remarked: "We will undermine ourselves if we don't ensure compliance of the court verdict". Ahsan submitted before the bench: "I have been unable to express the depth of my arguments before the seven member bench that delivered the order to frame charges against my client".
Justice Saqib Nisar said that Ahsan could consult the Prime Minister in relation to the next step forward in the matter (writing a letter to Swiss authorities). The Chief Justice told Aitzaz: "We are ready to give you 10 minutes to talk to the Prime Minister on the phone and let us know."
"I have no mandate to do that," replied Ahsan. Addressing Ahsan, Justice Mian Saqib Nisar said: "Although you have apprised the bench that you have not been given the mandate to reply on behalf of the Premier with respect to writing a letter to Switzerland even then I am asking you to contact the Prime Minister in this regard".
Ahsan queried whether he should treat Justice Nisar's words as a direction of the court. Justice Jawad S. Khawaja immediately clarified that it wasn't a court direction. Ahsan submitted that there could have been a simple notice in addition to the show-cause notice in Contempt of Court Ordinance, adding that it would have been better if a plain notice had been dispatched to his client.
The CJP remarked that it was sufficient for the court to be fully satisfied prior to the indictment, adding that it was up to the court to determine the extent to which it went to hear arguments to decide about the indictment. The Chief Justice added that the Prime Minister had not submitted any written reply to the show-cause notice.
While addressing Ahsan, the CJP appreciated him for delivering arguments in the matter for several hours, adding that the seven-member bench had heard his arguments at length. The Chief Justice also observed, "had the Premier given a written statement, everything would have been clear".
The CJP also referred to the time he and Ahsan spent together during the movement for the restoration of judiciary and recalled the 26-hour drive that they undertook together. Ahsan apprised the bench that the court had not sought a written reply from his client but it had merely directed him to appear in person.
The CJP observed that the premier should know that the order of the apex court was not being implemented adding that the judiciary had not intended to embarrass the Prime Minister. Upon which, Ahsan said his client was not given an opportunity to express his point of view. The Chief Justice observed that it was the responsibility of the premier to implement court's judgements in letter and in spirit.
Ahsan argued that through his appearance before the court in person the prime minister had demonstrated his humility. The CJP, however, replied that the PM had not done any favour to the court by appearing before the bench in person. The Chief Justice said that Hazrat Omar (R.A.) also appeared before the court, when he was summoned by the Qazi. Justice Mian Saqib Nisar observed that it was imperative to give a person the chance of preliminary hearing under the law.
On the occasion, the Chief Justice asked Ahsan if there was anything more he wanted to express before the court. The Chief Justice Chaudhry said, "You've completed arguments spanning over seven hours." Responding to this, Ahsan said, "I am thankful to you. "The ICA is dismissed," the Chief Justice announced the verdict.