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This is an archive article published on April 26, 2012

Pak top court convicts PM Gilani of contempt,lawyer says will appeal

Court awards 30-second sentence,but conviction may continue to haunt Gilani's term.

Pakistan Prime Minister Yousuf Raza Gilani was today convicted by the Supreme Court for contempt over his refusal to revive graft cases against President Asif Ali Zardari and was given a symbolic sentence that lasted 30 seconds threatening his continuance in office.

“For reasons to be recorded later,the prime minister is found guilty of contempt for willfully flouting the direction of the Supreme Court,” Justice Nasirul Mulk,who headed the seven-judge Bench said as he sentenced Gilani “till the rising of the court”,sparing him a jail term.

The court also made a reference to Article 63(1g) of the Constitution,which lists the grounds for disqualifications of a convicted parliamentarian,but did not invoke it.

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“We note that our findings and the conviction for the contempt of court recorded are likely to entail some serious consequences in terms of Article 63(1g) of the Constitution,” the Bench said in a short order.

Experts said this left the door open for the initiation of the process for the disqualification of 56-year-old Gilani,Pakistan’s longest serving Prime Minister.

However,the Speaker of the National Assembly or lower house of Parliament will have 30 days to decide on such a move and the Election Commission a further 90 days – effectively meaning that the premier can remain in office for four more months.

The entire proceedings in the courtroom number 4 lasted less than 10 minutes. The judges left the court immediately after announcing the verdict,effectively ending Gilani’s sentence.

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Emerging from the heavily guarded court,Gilani told the media: “We had sought justice. The decision was not appropriate”.

A visibly dejected Prime Minister,accompanied by his sons,shook hands with his team and members of the federal cabinet after hearing the verdict.

Attorney General Irfan Qadir described the verdict as “unconstitutional and unlawful”.

The premier remained standing for 30 seconds after the announcement of the judgement.

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Opposition leaders,including PML-N chief Nawaz Sharif and Pakistan Tehrik-e-Insaf chief Imran Khan,called on Gilani to resign following his conviction.

“In light of the verdict,I think Prime Minister Gilani should resign immediately rather than prolong the issue,” Sharif said.

The PML-N would no longer accept Gilani as the premier and the government was “on a wrong wicket” while the Supreme Court is “on high moral ground and people should back the truth”,Sharif said.

He also demanded the holding of fresh elections and the installation of a caretaker government. Earlier in the morning,Gilani drove in a small motorcade to the Supreme Court complex,where members of his council of ministers were waiting for him.

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The premier walked towards the building flanked by his son Abdul Qadeer Gilani and Interior Minister Rehman Malik as his supporters showered rose petals on him.

Gilani,clad in a black sherwani,stopped at the door of the building and waved to his supporters before going inside.

After the judges entered,Gilani walked up to a rostrum at the centre of the courtroom with Law Minister Farooq Naek and his lawyer Aitzaz Ahsan.

Gilani had been facing the prospect of a prison term of up to six months but his actual sentence lasted 30 seconds.

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The Supreme Court has been pushing the government to reopen cases of money laundering against President Zardari in Switzerland since December 2009,when it struck down a graft amnesty issued by former military ruler Pervez Musharraf.

The government has refused to act,saying the President enjoys immunity in Pakistan and abroad.

The government put in place strict security arrangements for Gilani’s third appearance in the Supreme Court for the contempt case.

Will appeal against conviction: Ahsan

The Pakistan government today decided to appeal Prime Minister Yousuf Raza Gilani’s conviction of contempt of court,with the premier’s lawyer saying the Supreme Court’s verdict was “beyond the scope” of the charges framed against him.

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Speaking hours after a seven-judge bench of the apex court convicted Gilani and gave him a symbolic sentence that lasted about 30 seconds,the premier’s lawyer,Aitzaz Ahsan,said: “The Prime Minister,the cabinet and (the Pakistan People’s Party’s) allies have decided to appeal this order and I’ve been authorised to prepare the appeal”.

The government has 30 days to file the appeal,Ahsan told a news conference at which Information Minister Qamar Zaman Kaira too was present.

Once the appeal is filed,the apex court will have to hear the matter afresh and any grounds for the possible disqualification of the premier “cannot survive”,Ahsan said.

“What I’m saying is not about fairness or unfairness — the verdict… is beyond the scope of the indictment or charge. The Prime Minister was never indicted for allegedly scandalising or defaming the court,” Ahsan said.

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“The verdict is beyond the scope of the charge and hence beyond the scope of the trial. To that extent,the verdict will be deemed as observations of court,” he added.

Kaira said the cabinet,the PPP and its allies believe that Gilani is “not convicted on a charge of disqualification and there is no blot on our conscience”.

The apex court convicted Gilani of contempt for failing to act on repeated orders to reopen cases of alleged money laundering against President Asif Ali Zardari in Switzerland. Gilani and the government had refused to act against Zardari,saying the President enjoyed complete immunity in Pakistan and abroad.

The Supreme Court has been pressuring the government to reopen the cases against Zardari since December 2009,when it struck down a graft amnesty issued by former military ruler Pervez Musharraf. The ruling PPP has accused the judiciary of acting in a biased manner as it has been pushing for action only against Zardari though the amnesty had benefited over 8,000 people.

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Shortly after the apex court announced its verdict,Gilani chaired a special meeting of his cabinet,which decided there was no need for him to resign on moral grounds as he had not been convicted of a criminal offence.

“It is an issue of interpretation and the Prime Minister has been punished in a political case,” Information Minister Kaira told the news conference.

Ahsan,one of Pakistan’s leading lawyers,said there was “no automatic or immediate disqualification” of the premier. “The Prime Minister is not disqualified at this moment,” Ahsan said.

Referring to the proceedings in the Supreme Court,Ahsan said they were akin to a person being accused of murder and being “punished without any evidence” for theft. The question of disqualification would have to be decided by the Speaker of the National Assembly or lower house of parliament,who would refer it to the Election Commission if necessary,he said.

Besides,any sentence of less than two years does not disqualify a lawmaker,Ahsan noted.

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