The Supreme Court on Thursday directed Prime Minister Yousuf Raza Gilani to write - not prejudice to any advice as well as influence of the ongoing contempt proceedings - a letter to the Swiss authorities to reopen graft cases against President Asif Ali Zardari and submit a compliance report on March 21.
A seven-member special bench comprising Justice Nasirul Mulk, Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed, held that the contempt proceedings against the premier would continue in the meantime.
The bench made it clear to the Prime Minister to implement para 178 of the NRO judgement passed by a 17-member bench on December 16, 2009, as it was his responsibility.
The court also directed the prime minister to submit his written statement on March 19 or appear on March 21 to get his statement recorded. The court asked prime minister's counsel Aitzaz Ahsan to conclude his arguments within one week after March 21. The bench directed Attorney General for Pakistan Maulvi Anwarul Haq to convey its order to the PM.
The bench observed that it did not want to give an instant opinion on the stance adopted by the prime minister on writing a letter to the Swiss authorities. At the outset of hearing, the AGP cross-examined the prime minister's former principal secretary and incumbent cabinet secretary Nargis Sethi, who appeared before the bench as a defence witness.
To various questions asked by the AGP as prosecutor in the contempt case during her cross-examination, Sethi stated that two summaries were sent to the Prime Minister by the law ministry on May 21 and September 21, 2010. Those were signed by the then law secretary, Aqil Mirza and the then law minister, Babar Awan, respectively. She said the summaries were sent by the then law minister, Babar Awan. She said the opinion of the then attorney general, Anwar Mansoor Khan, was also sent to the premier by the law ministry.
She said the prime minister returned the first summary terming it 'not in accordance with the rules.' However, at the same time, he ordered that the advice given and the stance taken in the summary be maintained. She said the other summary presented before the premier was in accordance with the rules. Thus, he issued orders over it. She said she was well aware of the rules of business and her function was to produce or put up summaries before the premier. She said every summary or any other thing was sent to the premier through his principal secretary.
During her cross-examination when prime minister's counsel Aitzaz Ahsan tried to say something, the court stopped him, ruling that he would be heard at his turn. After cross-examination of Sethi, the AGP stated that now a written statement of the prime minister was awaited. Ahsan then stated that he did not want to delay the matter but his client had a very busy schedule from March 12 to 15. "Cross-examination has been completed, so you conclude your defence," the court asked Aitzaz. Aitzaz said he reserved the right of defence in case new evidence crop up. To a query, Aitzaz said his client wanted to submit a written statement in the matter.
To another query, he said his client would either submit his written statement or personally appear before the court. During the hearing, Justice Asif Saeed Khan Khosa said if prime minister gave a statement on oath, he could be cross-examined. Aitzaz said such things could not distract him from pursuing a legal way.
Meanwhile, during the hearing of National Reconciliation Ordinance (NRO) implementation case, the bench was informed that National Accountability Bureau (NAB) had sought a reply from the prime minister over the illegal appointment of Adnan Khawaja as the Oil and Gas Development Company Limited (OGDCL) chairman.
Shaiq Usmani, counsel for NAB chairman, told the court that cabinet secretary Nargis Sethi, who appeared as prime minister's defence witness before the bench, had stated in her statement that the appointment of Khawaja as head of the OGDCL was made by the prime minister. He said the reply had been sought from the prime minister on the statement of Sethi. To a court query, he said the reply was awaited.
He said inquiry against "illegal" appointment of Ahmad Riaz Sheikh, an NRO beneficiary, by the FIA had completed and a reference was being prepared. Dr Basit, counsel for Ahmad Riaz Sheikh, stated that he was seeing seven judges sitting on the shoulders of NAB officers. He said it seemed as if the president and the prime minister were being involved through Ahmad Riaz Sheikh and Adnan Khawaja respectively. "It's too much - don't say like this," Justice Nasirul Mulk admonished Basit before he adjourned further proceedings till March 21.