Judiciary vs Executive in Pakistan

7/31/2019 Judiciary vs Executive in Pakistan

1/14

Latest News, Breaking News, Pakistan News, Pakistani News, World News, Business, Business

News, Science and Technology, Entertainment News, Sport News, Cricket, South Asia, South Asia News, Memo Gate

June 20, 2012 by DAWN.COM

The conflict between Pakistans executive orders and judicial authorities dates back to the era of Liaquat Ali Khan when the country

was in its teething years. Throughout the course of Pakistans history the judiciary has played an integral role in the development of

country, however, the public opinion remains that the judiciary of Pakistan is more inclined towards the military command and hasfavoured it often.

The time line provides a perspective of the political events that shaped the history of Pakistan and gave rise to various conflicting

moments.

October 1954:

The constituent assembly made some amendments in the constitution which resulted in revocation of Malik Ghulam Muhammads

power as a governor general rights which had previously empowered him to dismiss Khawaja Nazimuddins government.

1955:

Following the decision made by the constituent assembly Ghulam Muhammad dissolved it, a move which was contested by Maulvi

Tamiz-ud-din, the president of constituent assembly, in Sindh High Court.

Sindh Courts verdict was in Maulvi Tamiz-ud-dins favour however Supreme Court of Pakistan reversed the decision. This verdictwas announced by Justice Munir.

August 1955:

Iskander Mirza took charge as the fourth governor general of Pakistan and dismissed Muhammad Ali Bogra.

For further details cl ick here

October 1958:Iskander Mirza, with the assistance of his commander-in-chief Muhammad Ayub Khan, suspended 1956s constitution and declared

the fist martial law in Pakistan which lasted till 1962. This step involved dissolution of provincial and national assemblies and

termination of various ministers.


The coup and martial law were unconstitutional moves, however were permitted by Justice Munir. His actions played an active role

in establishing the famous doctrine of necessity a term which signifies extra-legal actions undertaken by the significant state

actors in order to restore law and order in the country.

April 1973:

Bhutto formulated 1973s constitution which was drafted unanimously by the ruling and opposing parties of the country.


August 1973:

According to the constitution of 1973, the power of decision making was at prime ministers discretion and president only served as

the figure head. Following this article, Bhutto was sworn in as the prime minister of Pakistan, on August 14, 1973.

September 1976:

Various amendments were introduced to the original constitution of 1973 by Bhutto, however the one which instigated uproar from

the judicial command of the country entailed the curtailing of authority and jurisdiction of the judiciary.For further details cl ick here

January 1977:

A strong formation of all the opposing political parties, under the umbrella of Pakistan National Alliance (PNA), led Bhutto to call for

early elections.

http://archives.dawn.com/2004/06/27/nat1.htmhttp://dawn.com/http://www.britannica.com/EBchecked/topic/64265/Zulfikar-Ali-Bhuttohttp://www.supremecourt.gov.pk/ijc/Articles/2/5.pdfhttp://pakistanconstitution-law.org/http://archives.dawn.com/2004/06/27/nat1.htmhttp://www.pakistanherald.com/Profile/Mohammed-Ali-Bogra-1178http://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/http://dawn.com/


2/14

March 1977:

Elections were held in March and PPP won by a heavy majority, however PNA refused to accept the results and accused PPP of

rigging the elections.

The political situation resulted in a strong movement against Bhutto where masses poured out onto the streets and many political

leaders were arrested for their rebellion.


July 1977:

On July 5, 1977, the chief of army staff general Zia-ul-Haq, declared the third martial law in Pakistan and suspended the constitution.


November 1977:

Nusrat Bhutto filed a petition in the Supreme Court of Pakistan against the martial law imposed by Zia-ul-Haq, however the court

validated the imposition under the Doctrine of necessity.


April 1979:

Bhutto was executed following charges of corruption and extrajudicial killings.


Bhuttos case remains one of the most intriguing and controversial political case in the history of Pakistan.

A bench of seven judges was constituted in order to decide the proceeding of ZABs case. Three judges acquitted him whereasfour judges declared him responsible for ordering extrajudicial murders. However, when Bhutto filed a petition to review his case, all

the seven judges rejected i t out rightly.


1980:

Zia issued the infamous provisional constitutional order of 1980 which granted exclusion of all martial law actions from the

jurisdiction of courts. However, Quetta High court declared that the issuance of aforementioned stipulation and order go beyond the

parameters of martial law regime.

1981:

After this ruling, General Zia issued PCO of 1981 which required all the judges to take new oaths validating that they will work in

concurrence with the order. As a result of this 16 judges were fired and three refused to take oath but the rest succumbed under the

pressure.


February 1985:

General Zia-ul-Haq became the president and Muhammad Khan Junejo was elected as the prime minister of Pakistan.

November 1985:

The eighth amendment was introduced to 1973s constitution, which affected 19 clauses of the entire constitution. The constitution

gave sufficient power to the president of Pakistan including the authority to dissolve the national assembly, specified as Article

58(2) b.


According to the newly added clause, all the decisions pertaining to the governance and administration of the country were to be

made in consensus with the president.
http://www.pakistani.org/pakistan/constitution/amendments/8amendment.htmlhttps://www.youtube.com/watch?v=vm_vdQrhqPQ&feature=player_embedded#!http://www.globalsecurity.org/military/world/pakistan/muhammad-zia-ul-haq.htmhttp://www.bhutto.org/Acrobat/Summary%20of%20Judgment%20in%20Bhutto%20case.pdfhttp://www.pakistanherald.com/Profile/Zulfikar-Ali-Bhutto-1182http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=9796&Cat=13http://berkeleyjournalofsocialsciences.com/Jan%205.pdfhttp://elections.com.pk/candidatedetails.php?id=6884


3/14


4/14

November 1996:

On the alleged charges of corruption and extrajudicial killings, Laghari dismissed Bhuttos government and announced the date of

next elections.


February 1997:

General elections were held on February 3, 1997 and Sharif was elected as the prime minister of Pakistan for the second time.

April 1997:

The thirteenth amendment was introduced to the constitution, which empowered prime minister and gave him the right to appoint

the chief of army staff and other important civil and military officials.


The thirteenth amendment repealed the much controversial 58(2) b thereby divesting presidents power.

November 1997:

The Supreme Court of Pakistan ordered Nawaz Sharif to appoint five judges which was ignored by him. Following the alleged

misconduct chief justice Sajjad Ali Shah issued a contempt of court order against Sharif and summoned him to the court, afterwhich Sharif agreed to carry out the orders.


One of the biggest mob attacks was staged on November 28, 1997, when thousands of political workers gate crashed into the

Supreme Court of Pakistan to protest against the contempt of court hearing.


July 1999:

Asif Ali Zardari was imprisoned following charges pertaining to corruption and money laundering by Sharif government.


October 1999:

The military command, headed by General Parvez Musharraf, took charge of the state of affairs and staged a coup against Sharifs

regime.

Following the coup, Nawaz Sharif and his collaborators were arrested for various charges pertaining to hijacking and kidnapping,

but were later pardoned by the government and sent to Saudi Arabia on exile.


February 2002:

Government decided to repeal the 13th and 14th amendments introduced by Sharif in 1973s constitution.


April 2002:

Referendum was held in 2002 in which major portion of the Pakistanis voted for General Musharraf, resulting in his appointment as

the president for the next five years.


2004:

Asif Ali Zardari is released from the court and goes on an overseas exile.


March 2007:
http://online.wsj.com/article/SB122058073564902483.htmlhttp://news.bbc.co.uk/2/hi/south_asia/1958219.stmhttp://archives.dawn.com/2002/02/08/top6.htmhttp://news.bbc.co.uk/2/hi/south_asia/6960670.stmhttp://news.bbc.co.uk/2/hi/136259.stmhttp://www.dailytimes.com.pk/default.asp?page=2012?117story_17-1-2012_pg7_13http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=88497&Cat=6http://elections.com.pk/candidatedetails.php?id=6880http://www.britannica.com/EBchecked/topic/64260/Benazir-Bhutto


5/14


6/14

December 2009:

The Supreme Court of Pakistan issued a petition to considerNRO 2007 to be null and void which provided immunity to the

offenders of law, including money launderers and embezzlers. The ordinance of 2007 was drafted and approved by President

Pervez Musharraf.

The court asked the National Accountability Bureau (NAB) to reopen the cases against President Zardari entailing the Swiss scam;

allegations which the premier out rightly denies to date.

October 2011:

Mansoor Ijaz wrote an article in Financial Times where he revealed that he delivered a memorandum written by a Pakistani official

posted in the US to Admiral Mike Mullen. The revelation created a frenzy of activity in Pakistan bringing the role of then ambassador

to the United States, Husain Haqqani, into question.


The memo is speculated to have been written just after Osama bin Ladens killing in Pakistan and allegedly seeks help from the US

to rein in the countrys military and intelligence agencies.


November 2011:

Hussain Haqqani resigns from his position amidst chaos and allegations pertaining to him having drafted the controversial memo.


December 2011:

Nawaz Sharif and his alliances filed a petition in the Supreme Court of Pakistan to further investigate the memo scandal

The Supreme Court of Pakistan declares that the petitions filed by Nawaz Sharif and other political leaders to further investigate thememo scandal, are maintainable.

Prime Minister, Yousuf Raza Gilani publicly announced that he and his party members will not accept a state within a state; a

remark which instigated a sense of disagreement between the civil and military command within the country.


However, General Kayani reiterated that the army does not aim to stage a coup and this is another tactic deployed by the

government to digress from memo scandal.

January 2012:

The Supreme Court of Pakistan issued a warning against the government to implement and execute the National Reconciliation

Ordinance (NRO) issued in the December of 2009, by writing to the Swiss government.

Prime Minister Yousuf Raza Gilani terminated the secretary defence, Khalid Naeem Lodhi, on alleged misconduct and disciplinary

actions.


Moreover, Gilani is issued a contempt of court notice in the NRO implementation case, and is directed to appear before the apex

court on January 19. He appoints Barrister Aitzaz Ahsan to represent him in the Supreme Court.


On the other hand, the apex court suspended Babar Awans licence to practice in the court and asked for a replacement of Awan

with another lawyer to represent President Zardari in the Bhutto reference.

http://www.dawn.com/2012/01/18/babars-licence-suspended.htmlhttp://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=11820&Cat=13http://tribune.com.pk/story/319790/gilani-removes-lodhi-from-defence-secretary-post/http://www.thenews.com.pk/NewsDetail.aspx?ID=29147http://www.bbc.co.uk/news/world-asia-15838839http://www.dawn.com/osamabinladenhttp://www.dawn.com/memogate-and-the-aftermathhttps://www.youtube.com/watch?v=W9vXKD8y3sQ&feature=player_embeddedhttp://dawncompk.files.wordpress.com/2012/04/zardari-5432180.jpg


7/14

Prime Minister Yousuf Raza Gilani appeared in front of the Supreme Court to defend the contempt of

court charges filed against him.

The Supreme Court of Pakistan adjourned the session by postponing the hearing until February 1, 2012. However, the court

exempted Gilani from appearing in the next scheduled hearing.For further details cl ick here

The memogate case took an interesting turn when Ijaz refused to come to Pakistan over security concerns, which instigated

Haqqani to file an application to disqualify Ijaz from the proceedings of the case.

For further details cl ick here and here

February 2012:

Supreme Court of Pakistan announced i ts verdict on February 2, 2012 signifying that Gilani will be indicted of the charges

pertaining to contempt of court. Gilani has been summoned to appear before the court on February 13, 2012, however, he has

decided to file an appeal before the appointed date.

For further details cl ick here.

Moreover, during the same month, the ruling party and the opposition failed to reach an agreement on

the 20th amendments bill. The bill aims to validate more than two dozen post-eighteenth amendment by-elections.


Simultaneously, Aitzaz Ahsan filed an intra-court appeal requesting Supreme Court of Pakistan to suspend the decision of framing

charges against Prime Minister Gilani.

On February 9, Supreme Court of Pakistan adjourned the contempt of court hearing against Prime Minister Gilani and instructedAhsan to complete his arguments by February 10. Chief Justice of Pakistan showed displeasure over certain points of the 200-

page appeal and claimed that the language used in the document gave a negative impression of influencing the court of law.


On February 10, an eight-member bench dismissed Gilanis appeal to review the previously announced verdict on contempt of court

charges. Gilani has decided to appear before the court on the designated date.


Moreover, the Supreme Court ordered ISI to present 11 missing persons, who have been in the agencys illegal detention, before

the court on the same day or face action.


Furthermore, memo case witnessed a few developments in which Islamabad high court allowed the

commission to record Ijazs statements via video link from London on February 22, 2012 at 2 pm local time.


The supreme Court of Pakistan indicted Prime Minister Gilani for charges pertaining to contempt of court on February 13, 2012.

The Supreme court ordered the prosecutor, attorney general, to submit sufficient documents by February 16.

PMs counsel has been ordered to compile and submit evidence by February22 whereas Gilanis evidence will be recorded onFebruary 27 and 28.


After a fortnight of dispute and push backs, the government and opposition unanimously push through the National assembly a

revised constitution amendment on February 14. The amendment provides for a strong Election Commission, a pre-election interim
http://www.dawn.com/2012/02/13/pm-gilani-in-court-to-face-contempt-charge.htmlhttp://www.dawn.com/2012/02/10/memo-commission-meets-in-lhc.htmlhttp://dawncompk.files.wordpress.com/2012/04/mansoor.jpghttp://www.dawn.com/2012/02/10/sc-orders-isi-to-produce-missing-persons.htmlhttp://www.dawn.com/2012/02/10/supreme-court-rejects-pm-gilanis-appeal.htmlhttp://www.dawn.com/2012/02/09/sc-begins-pm-contempt-appeal-hearing.htmlhttp://www.dawn.com/2012/02/08/appeal-filed-against-pm-contempt-charges.htmlhttp://www.dawn.com/2012/02/07/deadlock-in-talks-on-20th-amendment.htmlhttp://www.dawn.com/2012/02/02/sc-resumes-contempt-hearing-against-pm.htmlhttp://www.dawn.com/2012/01/23/haqqani-files-new-application-before-memo-commission.htmlhttp://www.dawn.com/2012/01/24/ijaz-refuses-to-visit-pakistan-over-security-concerns.htmlhttp://www.businessweek.com/news/2012-01-19/pakistani-court-postpones-gilani-case-to-hear-immunity-argument.html


8/14

set-up and restoration of 28 suspended federal and provincial lawmakers.However the bill was deferred by the senate on February

17 because of various discrepancies between the opposition and the government.


The 20th amendment bill was finally adopted by the senate on Monday, February 20, 2012 but notunanimously as the National Assembly had done last week.

The adoption of the amendment by the upper house of parliament has cleared the way for the president to sign the bill which

envisages an independent and powerful election commission, setting up of a neutral caretaker regime to hold general elections and

restoration of 28 suspended lawmakers.


Moreover, the hearing on contempt of court was further adjourned till February 28. The Supreme Court ordered Ahsan to submit

complete evidence by the designated date.


Furthermore on February 27, a day before the formal contempt of court hearing, Gilanis counsel submitted a miscellaneous

application requesting two top government officers and a former law minister to be summoned as court witnesses.

Ahsan requested the court to summon Cabinet and Defence Secretary Nargis Sethi, Law Secretary

Masood Chishti and former law minister Babar Awan to record their statements as court witnesses.


Subsequently, on February 28, Ahsan, referring to the various arguments on appeal, said that he wanted to present evidences and

witnesses and that a chance should be granted to him to examine them.

Supreme Court adjourned the contempt of court hearing against Prime Minister Yousuf Raza Gilani till March 7.


March 2012:

The contempt of court hearing continued on March 7, 2012, in which Defence and Cabinet Secretary, Nargis Sethi testified as a

witness before the Supreme Court of Pakistan.

Sethi acknowledged that two summaries were sent to Prime Minister by the Ministry of Law.

Supreme Court adjourned the contempt of court hearing till March 8, 2012.


On March 8, the Supreme Court of Pakistan ordered Gilani to submit the written reply by March 19 and

adjourned the contempt of court hearing till March 21. Simultaneously, on the same day, Supreme Court in a hearing pertaining to

National Reconciliation Ordinance (NRO) case, ordered Prime Minister Gilani to correspond with the Swiss authorities again.

For further details cl ick here andhere.

On March 14, Ahsan, whilst addressing the media, said that the Attorney General Maulvi Anwarul Haq, being the prosecutor of the

case, was ordered by the court to write a letter to the Swiss authorities. He said that the orders were given to the prosecutor in his

absence on March 8.

Ahsan further commented that he will present his arguments on not corresponding with the Swiss authorities in the court on March

19 and 21 respectively.


Prime Minister Gilani, on March 15, publicly announced his refusal to correspond with the Swiss authorities.
http://www.dawn.com/2012/03/14/supreme-court-orders-ag-to-write-a-letter-aitzaz-ahsan.htmlhttp://www.dawn.com/2012/03/08/sc-ordered-pm-to-write-letter-in-swiss-case.htmlhttp://www.dawn.com/2012/03/08/pms-contempt-of-court-hearing-adjourned-till-march-21.htmlhttp://dawncompk.files.wordpress.com/2012/04/gilani-p180.jpghttp://www.dawn.com/2012/03/07/pm-contempt-case-nargis-sethi-testifies.htmlhttp://www.dawn.com/2012/02/28/sc-adjourns-the-pms-contempt-of-court-hearing-till-march-7.htmlhttp://www.dawn.com/2012/02/28/aitzaz-wants-sc-to-summon-awan-officials-as-witnesses.htmlhttp://dawncompk.files.wordpress.com/2012/04/na180.jpghttp://www.dawn.com/2012/02/22/sc-resumes-pms-contempt-of-court-hearing.htmlhttp://www.dawn.com/2012/02/21/bill-adopted-by-senate-with-two-thirds-vote.htmlhttp://dawncompk.files.wordpress.com/2012/04/parliament180.jpghttp://www.dawn.com/2012/02/17/senate-defers-20th-amendment-bill-due-to-discrepancy.htmlhttp://www.dawn.com/2012/02/15/interim-govt-to-hold-polls-ec-to-name-caretaker-pm-in-event-of-deadlock-%E2%80%A228-suspended-legislators-restored-govt-opposition-unite-to-adopt-20th-amendment.html


9/14

He further commented that writing a letter would be a violation to the constitution which carries death sentence whereas the refusal

to correspond might result in six months imprisonment which is better than the former penalty.


Gilani, whilst addressing the journalists at his residence on March 18, said that he is ready to resign from the premiership if that will

resolve the issue of writing a letter to Swiss authorities.


Moreover, Ahsan on March 19 stated that Gilanis conviction will not necessarily result in

disqualification as a sentence of less than two years cannot affect anyones eligibi lity. On the same day, Gilani submitted his written

reply in the Supreme Court of Pakistan stating his official refusal to correspond with the Swiss authorities.

For further details cl ick here andhere

The hearing on contempt of court against PM Gilani continued on March 21 in which Ahsan said that they never refused to

correspond with the Swiss officials neither did they disagree with the courts orders. Ahsan also said that he still believes that

corresponding with the Swiss authorities will not serve the purpose as President Zardari enjoys immunity.

Furthermore, Justice Asif Khoja said that if the accused pleads guilty, then we can think about leaving the matter up to the people.

Ahsan was of the opinion that expecting a fair judgment from the seven-member bench after six-option verdict was difficult.

The hearing was then adjourned till March 22.


Contempt of court hearing continued, on March 22, for the second consecutive day in which Ahsan said that according to article 10

(a), fair trial remains a constitutional right of every Pakistani ci tizen. Ahsan also claimed that the current trial contradicts the

aforementioned article.

Moreover, Ahsan challenged the eligibility of judges who issued a show cause notice to Gilani, however

the court replied to his argument by stating that if Ahsans stance on this issue is considered valid then every defendant will feel free

to challenge the court.

The hearing was adjourned till March 26, 2012 however on the designated date, the contempt of court hearing was adjourned

without being heard as Ahsan was unable to appear before the court.


On March 27, the Supreme Court adjourned the contempt of court hearing against PM Gilani till April 12.

The decision was taken after Ahsan said that he would not be able to provide evidence in the court due to his i ll health.


On March 29, the Supreme Court adjourned the hearing for National Reconciliation Order (NRO) implementation case ti ll April 16.

According to the court, the final verdict for the case is expected to be announced on the same date.

Moreover, PM Gilani may face another contempt case as the court decided to issue an appropriate

order on April 16 after expressing displeasure over the response the prime minister had submitted on March 21 in which he threw

the ball back to the judiciarys court by requesting it to first settle the contempt matter and then raise the issue of implementation of

the NRO verdict.

For Further details click here and here.
http://www.dawn.com/2012/03/30/gilani-may-face-another-contempt-case.htmlhttp://www.dawn.com/2012/03/29/final-verdict-for-nro-implementation-case-on-april-16.htmlhttp://dawncompk.files.wordpress.com/2012/04/gilani-n180.jpghttp://www.dawn.com/2012/03/27/pms-contempt-hearing-adjourned-over-lack-of-evidence.htmlhttp://www.dawn.com/2012/03/26/pms-contempt-case-hearing-resumes-today.htmlhttp://www.dawn.com/2012/03/22/contempt-of-court-case-against-pm-continues.htmlhttp://dawncompk.files.wordpress.com/2012/04/gil180.jpghttp://www.dawn.com/2012/03/21/pms-contempt-of-court-continues.htmlhttp://www.dawn.com/2012/03/19/pms-conviction-will-not-result-in-disqualification-ahsan.htmlhttp://www.dawn.com/2012/03/19/pms-conviction-will-not-result-in-disqualification-ahsan.htmlhttp://dawncompk.files.wordpress.com/2012/04/ahsan1801.jpghttp://www.dawn.com/2012/03/19/ill-quit-if-that-helps-resolve-issue-pm.htmlhttp://www.dawn.com/2012/03/15/parliament-to-decide-nato-supply-fate-gilani.html


10/14

April 2012:

On April 12, the Supreme Court resumed hearing of the contempt of court hearing against Prime Minister Gilani.

Ahsan argued that under Article 10 (a) of the constitution of Pakistan, the sitting bench remains ineligible to hear the case.

He further stated that the clause on transparent proceedings emphasises on the fact that no person can be a judge in his own case.

However, Justice Khosa said that all proceedings regarding contempt of court cases are only completed by the court.

The court has adjourned the hearing till April 13.


On March 13, The Supreme Court resumed the hearing of the contempt of court case against Prime Minister Gilani.

The newly appointed Attorney General of Pakistan, Irfan Qadir, was also present in the court.

Qadir was permitted by the court to act as a prosecutor in the case and was provided with two days to start his arguments.

Whilst presenting his evidence, PMs counsel Ahsan, informed the court that he was being harassed by a particular media groupand was being accused of lying. Ahsan also asked the court to provide him with security.


The hearing against PMs contempt case continued on April 16 and Ahsan, whilst defending his client, reiterated that under Article

10-(a) of the constitution, the present bench could not try the prime minister for contempt as that would be in conflict with the

principles of a fair trial.

Moreover, Justice Khosa commented on Ahsans argument by saying that the court was exercising i ts

authority to conduct the trial.

Ahsan also requested the court to delay its decision on the National Reconciliation Ordinance (NRO) implementation case as he is

of the view that his arguments would be of no use after a decision on the NRO is announced.

The verdict on NRO was expected today however NROs hearing was adjourned till May 3 whilst the court directed authorities to

bring former attorney general Malik Abdul Qayyum back to Pakistan.

The hearing pertaining to contempt of court was adjourned till April 17.

For further details cl ick hereand here.

Prime Ministers counsel, Ahsan, on April 17, refused to complete his arguments in the contempt of court case against his client by

April 19.

During the course of the hearing, Supreme Court directed Ahsan to complete the arguments by the aforementioned date.

Ahsan said he was appearing in court despite ill health and that he could not specify as to when he would complete the arguments.

The hearing was adjourned till April 18.


Presenting his arguments regarding presidential immunity before the court, Ahsan reiterated that heads of state enjoyed immunity

from prosecution in criminal and civil cases in courts across the globe.

Ahsan concluded his arguments with respect to Article 10 A and also emphasised on the point that parliament remains independent

regarding the law and constitution.
http://dawn.com/2012/04/17/sc-resumes-pm-contempt-hearing/http://dawncompk.files.wordpress.com/2012/04/zardari_gul_afp1803.jpghttp://dawn.com/2012/04/16/nro-implementation-case-adjourned-to-may-3/http://dawn.com/2012/04/16/pm-contempt-hearing-resumes-today/http://dawncompk.files.wordpress.com/2012/04/aitzaz-ahsan180.jpghttp://dawn.com/2012/04/13/pms-contempt-of-court-hearing-resumes/http://dawn.com/2012/04/12/sc-to-resume-pms-contempt-hearing-today-aa/http://dawncompk.files.wordpress.com/2012/04/gilani-and-manmohan-singh180.jpg


11/14

The hearing was adjourned till April 19.


During the hearing of the contempt of court case against prime minister, on April 19, Ahsan said the United Nations, in one of its

reports, had granted immunity to heads of state from prosecution in a foreign country.

Ahsan also produced the report before the Supreme Courts seven-judge bench, headed by Justice Nasirul Mulk, to support his

argument on presidential immunity.

He further said that the International Court of Justice (ICJ) had also stopped courts from trying heads of state in the past.


The hearing on contempt of court continued on April 20 during which Ahsan said that the prime minister

only followed procedure and implemented the summaries presented to him.

He added that if the summaries did not provide the premier with the right input, then he cannot be held responsible for committing

contempt of court by not writing to Swiss authorities.

Ahsan moreover said that writing the letter would demean the office of the president.

Justice Gulzar Ahmed remarked that not implementing courts judgments was akin to committing contempt of court.


During the course of the hearing on April 24, newly-appointed Attorney General of Pakistan Irfan Qadir claimed that no law

addressing contempt of court existed in Pakistan.

Qadir made the claim while presenting his arguments in the contempt of court case.

He further said that a contempt of court ordinance was promulgated in the country in July 2003 but that it had expired in December

2003.

The Attorney General moreover said that it was the prosecutions duty to ensure that no innocent was penalised.

The verdict on PMs contempt of court case will be announced on April 26.


Supreme Court of Pakistan, on April 26, found PM Gilani guilty of contempt of court for refusing to reopen corruption cases against

the president, but gave him only a symbolic sentence of 30 seconds detention in the court room.


Prime Minister Gilani, on April 26, refused to step down after his contempt of court conviction, saying only the countrys parliament

could remove him from office.

There is no law to remove an elected prime minister. Parliament is the supreme authority and only this parliament has the authority

to remove me, he said in a defiant appearance in the National Assembly a day after the Supreme Court verdict.


Prime Minister Gilani, on April 30, said he would not resign from his posi tion, adding that the Supreme Courts conviction had no

relation with the process of disqualification.

Speaking to reporters in Islamabad, he said there was no law under which the court could disqualify an elected representative of the

people.

He further said that he had the right of appeal against the apex courts ruling.

http://dawn.com/2012/04/30/pm-says-wont-resign-has-right-of-appeal/http://dawn.com/2012/04/27/na-session-to-commence/http://dawn.com/2012/04/26/pm-arrives-at-sc-for-contempt-verdict/http://dawn.com/2012/04/24/pm-contempt-hearing-resumes-3/http://dawncompk.files.wordpress.com/2012/04/gilani-sc-verdict180.jpghttp://dawn.com/2012/04/20/pm-contempt-hearing-resumes-2/http://dawncompk.files.wordpress.com/2012/04/yousuf-raza-gilani1801.jpghttp://dawn.com/2012/04/19/sc-resumes-pm-contempt-hearing-2/http://dawn.com/2012/04/18/pm-contempt-hearing-resumes/


12/14

May 2012:

Chief Justice Iftikhar Mohammad Chaudhry said, on May 1, 2012, that three judges who were part of the bench that heard the

contempt case against the prime minister would not be available if a review petition came up.

Chaudhry did not identify the three judges who would not be available nor did he specify the reason.


Speaker National Assembly Dr Fehmida Mirza, on May 3, said that she had not made up her mind regarding the Supreme Courts

conviction of Prime Minister Yousuf Raza Gilani.

She said she would consider the subject once the detailed verdict on the contempt of court case comes out.


The Supreme Court issued the detailed verdict in the contempt of court case against Prime Minister Gilani on May 8.

The verdict, comprising 77 pages, was authored by Justice Nasirul Mulk.

The verdict stated that the PM did not comply with courts orders and deliberately disregarded the court. It also said that it is clearthat the judiciary was ridiculed at the highest levels of the government.


Advocate Muhammad Azhar Siddique, on May 11, submitted a petition in the Supreme Court of

Pakistan seeking the disqualification of Prime Minister Gilani.

The petitioner contended that a convicted person cannot hold the prime ministers office.

He further added that neither Speaker National Assembly Fehmida Mirza nor the Election Commission of Pakistan has any role in

this regard.


National Assembly Speaker Dr Fehmida Mirza, on May 24, decided not to forward the disqualification reference against Prime

Minsiter Gilani to the Election Commission of Pakistan after his conviction by the Supreme Court in the contempt of court case.


Prime Minister Gilani and his close legal and political advisers, on May 25, discussed the pros and cons of challenging the

Supreme Courts decision convicting the prime minister in the contempt case, decided late in the night not to file the appeal.

According to reliable sources, the advisers were of the opinion that the advantage gained from the favourable ruling of the National

Assembly Speaker should not be put to risk by going to the Supreme Court with the appeal because the court may decide to

remove what has been described as lacunas and ambiguity in the shorter order and detai led judgment in the contempt case.


The Pakistan Muslim League-Nawaz (PML-N), on May 28, filed a petition in the Supreme Court against

a ruling by the NA Speaker refusing to disqualify the prime minister.

The petition challenged NA Speaker Dr Fehmida Mirzas decision not to disqualify PM Gilani as the Prime Minister of Pakistan, a

month after the Supreme Court convicted Gilani of contempt.


Prime Minister Gilani, on May 29, said that both Pakistan Muslim League-Nawaz (PML-N) Chief Nawaz Sharif and Pakistan Tehrik-

i-Insaf (PTI) Chairman Imran Khan were not members of parliament which was why they could not understand the significance of
http://dawn.com/2012/05/28/pml-n-files-petition-challenging-na-speakers-ruling/http://dawncompk.files.wordpress.com/2012/04/khwajaasif_543180.jpghttp://dawn.com/2012/05/26/govt-advised-not-to-go-into-appeal/http://dawn.com/2012/05/24/na-speaker-decides-against-pms-disqualification-media-reports/http://dawn.com/2012/05/11/petition-moved-in-sc-seeks-pms-disqualification/http://dawncompk.files.wordpress.com/2012/04/fehmida_mirza6701801.jpghttp://dawn.com/2012/05/09/supreme-court-issues-detailed-judgment-in-contempt-case-crucial-issue-remains-unresolved-court-avoids-clear-argument-for-pms-immediate-disqualification/http://dawn.com/2012/05/03/speakers-mind-on-pm-conviction-not-made-up/http://dawn.com/2012/05/02/three-judges-not-available-for-pms-appeal/http://dawncompk.files.wordpress.com/2012/04/iftikhar-chaudhry-180.jpg


13/14

2 bloggers like this.

speakers ruling.

Speaking to media representatives in Islamabad, the premier categorically stated that National Assembly Speaker Dr Fehmida

Mirzas ruling pertaining to the disqualification reference was final and could not be challenged.


June 2012:

The Supreme Court, on June 6, admitted the petitions filed against Speaker Fehmida Mirzas ruling on the disqualification

reference against Prime Minister Yousuf Raza Gilani for hearing, DawnNews reported.

A three-member bench headed by Chief Justice Iftikhar Mohammad Chaudhry heard the petitions.

The petitions were fi led by Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan, Pakistan Muslim League Nawaz (PML-N) leader

Khwaja Asif and Senator Zafar Ali Khan.


The hearing against National Assemblys Speaker, Fehmida Mirza, ruling case continued in the

Supreme Court of Pakistan, on June 14.

Advocate, A K Dogar, whilst presenting his arguments, said that Prime Minister Yousuf Raza Gilani, was disqualified by the

Supreme Court of Pakistan, however he is sti ll running a public office.

Dogar further said that PM Gilani deliberately insulted the court and the speakers ruling was against the seven-member benchs

verdict.


The Supreme Court, on June 15, resumed the hearing on petitions challenging the ruling of the National Assemblys Speaker on the

issue of disqualification of the Prime Minister.

During the hearing, the prime ministers counsel Barrister Aitzaz Ahsan requested the court to constitute a larger bench to hear the

petitions.

The bench said that by not appealing against the conviction, the prime minister had accepted i t.

Responding to which, Ahsan said that the prime minister had accepted the conviction but not disqualification.


The Supreme Court resumed the hearing into the Speaker ruling case on June 18.

During the hearing, a written reply from Speaker National Assembly Fehmida Mirza was submitted in the apex court by Attorney

General Irfan Qadir.

Ahsan said that under Article 184 (3) of the Constitution, the Supreme Court did not have the authority to hear the petitions.


The Supreme Court on June 19 ruled Speaker National Assembly Fehmida Mirzas ruling as void and declared that Prime Minister

Yousuf Raza Gilani stood disqualified since April 26. Following Gilanis disqualification, President Asif Ali Zardari disregarded the

option of early general elections and said that the Pakistan Peoples Party (PPP) will announce the name of the new prime minister

after National Assemblys session on June 22.

http://gravatar.com/namakparayhttp://gravatar.com/raiazlanhttp://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/?like=1&_wpnonce=bf82aa585bhttp://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/#printhttp://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/?share=email&nb=1http://dawn.com/2012/06/19/ppp-accepts-verdict-will-announce-new-premiers-name-in-24-hours/http://dawn.com/2012/04/26/timeline-judiciary-vs-executive-conflict/http://dawn.com/2012/06/18/sc-resumes-hearing-in-speaker-ruling-case/http://dawn.com/2012/06/15/speaker-ruling-case-sc-resumes-hearing/http://dawn.com/2012/06/14/sc-resumes-hearing-on-na-speakers-ruling-case/http://dawn.com/2012/06/06/sc-admits-petitions-against-na-speakers-ruling-for-hearing/http://dawn.com/2012/05/29/speakers-ruling-final-cannot-be-challenged-says-pm/


14/14

DAWN.COM is proudly powered by WordPresshttp://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/printed on June 21, 2012
http://dawn.com/2012/06/20/timeline-judiciary-vs-executive-conflict/http://wordpress.org/

Documents

Judiciary vs Executive in Pakistan