ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani’s counsel Aitezaz Ahsan Wednesday expressed mistrust on the Supreme Court (SC) bench hearing the contempt case against his client, saying the charge framed against him is negative in nature.
Pleading before the seven-strong bench of the apex court hearing contempt case, PM Gilani’s counsel Ahsan said his client never said the judicial order should not be implemented.
Clarifying his point before the apex court’s panel that began contempt proceedings against the PM Gilani, Barrister Aitezaz said his client just has this viewpoint that the apex court’s ruling cannot be put into action for the time being.
Heading the bench, Justice Nasirul Mulk queried, ‘The court wrote in its order that the verdict should summarily be implemented. So, in this case, delaying the implementation is not tantamount to non-implementation?’
Ahsan said, “Don’t be carried away. Hang the PM Gilani, if his guilt is substantiated by evidences. To err is human. He is a human being, too.”
Justice Nasirul Mulk remarked the penalty will be in accordance with the law with no slightest deviation from the law.
Ahsan said he believes under Article-10A that the one who orders an action cannot hear the trial concerning the action.
Justice Gulzar Ahmed said it means no court of the country framing charge sheet is authorized to hear the case.
Replying to this, Aitezaz submitted the judges who delivered harsh remarks before the trial, cannot sit in this bench; nor can those judges who issued show-cause notice, be part of this bench.
The court said if it is conceded, then reasons for issuing the show-cause notice, can never be penned down; in this case, a new bench will be required for every new phase.
For the purpose, the bench remarked, he (Ahsan) will have to annul Contempt Law by challenging it, adding the eight-judge panel upheld the verdict by the seven-member bench.
Justice Khosa said the opinion of 15 judges of the apex court stands as it is even today; hence, no other forum remains capable to try.
Talking to media outside the apex court premises after the hearing, Ahsan advised the judges against going by newspapers and instead, delve into the record.
The contempt hearing was adjourned till tomorrow. SAMAA
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