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Prime Minister Gilani's Case - Detailed Verdict

Prime Minister Gilani's Case - Detailed Verdict

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Published by expresstribune
The Supreme Court of Pakistan has issued a detailed order in the contempt case against Prime Minister Yousaf Raza Gilani.
The order has been compiled by Justice Nasirul Mulk and a 6-page additional note has been written by Justice Asif Saeed Khosa. The 77-pages document will be made available to the media shortly.
The Supreme Court of Pakistan has issued a detailed order in the contempt case against Prime Minister Yousaf Raza Gilani.
The order has been compiled by Justice Nasirul Mulk and a 6-page additional note has been written by Justice Asif Saeed Khosa. The 77-pages document will be made available to the media shortly.

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Published by: expresstribune on May 08, 2012
Copyright:Attribution Non-commercial

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02/18/2013

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IN THE SUPREME COURT OF PAKISTAN
 
(ORIGINAL JURISDICTION)
PRESENT:
MR. JUSTICE NASIR-UL-MULK MR. JUSTICE ASIF SAEED KHAN KHOSAMR. JUSTICE SARMAD JALAL OSMANYMR. JUSTICE EJAZ AFZAL KHANMR. JUSTICE IJAZ AHMED CHAUDHRYMR. JUSTICE GULZAR AHMEDMR. JUSTICE MUHAMMAD ATHER SAEED
CRIMINAL ORIGINAL PETITION NO. 06 OF 2012INSUO MOTU CASE NO. 04 OF 2010
(Contempt proceedings against Syed Yousaf RazaGillani, the Prime Minister of Pakistan regardingnon-compliance of this Courts order dated16.12.2009)
 
For the Prosecution:Mr. Irfan Qadir, Prosecutor/Attorney-General for PakistanFor the Respondent:Barrister Aitzaz Ahsan, Sr. ASC,assisted by Barrister Gohar Ali Khan,Mr. Shaukat Ali Javid, Mr. ShahidSaeed, Mr. Kashif Malik, Mr. BilalKhokar, Ms. Zunaira Fayyaz, Ms.Ayesha Malik, Mr. Fahad Usman, Mr. Tayyab Jan, Ch. Babras, Advocateswith Mr. M. S. Khattak, AORDates of Hearing:19.01.2012, 01.02.2012, 02.02.2012,13.02.2012, 22.02.2012, 28.02.2012,07.03.2012, 08.03.2012, 21.03.2012,22.03.2012, 26.03.2012, 27.03.2012,12.04.2012, 13.04.2012, 16.04.2012,17.04.2012, 18.04.2012, 19.04.2012,20.04.2012, 24.04.2012 and
26.04.2012
 
Crl.O.P.6/12
 JUDGMENT
NASIR-UL-MULK, J.—
 These proceedings forcontempt of Court initiated against Syed Yousaf RazaGillani, the Prime Minister of Pakistan, emanate from non-compliance with the directions given by this Court to theFederal Government in Paragraphs No.
177
and
178
in thecase o
DR. MOBASHIR HASSAN v FEDERATION OF PAKISTAN
 
( PLD 2010 SC 265 )
for the revival of therequest, withdrawn by the former Attorney-General, MalikMuhammad Qayyum, to be a civil party in a moneylaundering case in Switzerland. To understand the contextin which the said directions were given by this Court, it isinevitable to state some material facts.2.It was in the fall of 1997 when the then Attorney-General for Pakistan wrote a letter to the Swiss Authoritiesinvestigating a money laundering case involvingcommissions and kickbacks paid by two Swiss Companies,COTECNA & SGS, in contracts granted to them by theGovernment of Pakistan. The Attorney-General requestedthat the Government of Pakistan be made a civil party inthose proceedings so that in the event the payments of commissions and kickbacks were proved the amount bereturned to the Government of Pakistan being its rightfulclaimant, with a further request for mutual legal assistancefor the prosecution of such cases pending in the Courts in
2
 
Crl.O.P.6/12
Pakistan. The request was granted. It is not necessary forthe purpose of the present proceedings to give furtherdetails of the proceedings held in Switzerland. Of relevanceis the fact that the proceedings were still pending when on15.10.2007 the President of Pakistan promulgated anOrdinance called “The National Reconciliation Ordinance2007” (now commonly referred to as “the NRO”). The statedpurpose for the promulgation of the Ordinance was
“……to promote national reconciliation, foster mutual trust andconfidence amongst holders of public office and remove thevestiges of political vendetta and victimization, to make theelection process more transparent and to amend certainlaws for that purpose and for matters connected therewithand ancillary thereto;” 
Broadly speaking, the Ordinance wasdesigned to close investigation and prosecution of certaincategories of cases pending before any of the investigationagencies and the Courts. Of significance for the presentproceedings is Section 7 of the Ordinance which reads:-“7.
Insertion of new section,Ordinance XVIII of 1999.-
In the saidOrdinance, after section 33E, the followingnew section shall be inserted, namely:-“33-F. Withdrawal and termination of prolonged pending proceedingsinitiated prior to 12
th
October, 1999 .—(1) Notwithstanding any thingcontained in this Ordinance or anyother law for the time being in force,proceedings under investigation or
3

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Order of court must be respected. The dignity of court depends on impartiality of order and dignity of individual in bowing to the order. Aamaal ka dar o madar niat par hai. Pious intentions shall be rewarded. shahid

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