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Prime Minister Syed Yousuf Raza Gilani will appear today in person before a special bench of Supreme Court to explain why contempt of court proceedings should not be initiated against him for his failure to implement National Reconciliation Ordinance (NRO) verdict of the apex court.

---- Gilani may step back from the brink

A seven-member special bench headed by Justice Nasir-ul-Mulk and also comprising 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 will hear the contempt of court case against the country's Chief Executive in Court Room No-IV at 9:30 am.

The Prime Minister accompanied by his counsel Aitzaz Ahsan will be appearing in the court where most of the important points relating to premier's consistent refusal to write a letter to the Swiss authorities for reopening graft cases against President Asif Ali Zardari are expected to be raised.

According to Supreme Court's security sources, the Prime Minister will get to the Court Room No-IV, commonly known as Bench-IV, through the route used by the common man, as he is appearing before the court as an accused facing contempt of court charges. A number of ministers are also expected to accompany him on the occasion.

Ahead of the Prime Minister's arrival, strict security measures have been taken in and around the Supreme Court premises. Inspector General Police Islamabad along with other security officials as well as security staff of Prime Minister House visited Bench-IV of the Supreme Court building and the passage from main entry gate of the building to Bench-IV, twice on Wednesday.

The seating capacity of Court Room-IV is about 80, whereas over 150 entry passes have been issued; besides 60 passes to media persons, who will be covering the proceedings from the visitors' gallery having a 30-seat capacity. Gilani is country's second Prime Minister who will be appearing before the Supreme Court in response to a show-cause notice for contempt of court. In 1997, the then Prime Minister, Nawaz Sharif, also appeared before the apex court in response to a contempt of court case.

"In the circumstances we have left with no option but to issue show-cause notice to the Prime Minister as to why he should not be proceeded against for contempt of the court", the court had said in its order while issuing the notice to prime minister Gilani.

If dissatisfied with the premier's explanation, the court may indict him for committing contempt and initiate a trial. However, the Prime Minister can continue in the office till the finalisation of adjudication. Section 19 of the contempt law also provides an intra-court appeal before a larger bench of the court which can even suspend the conviction. However, the law makes it possible for the `contemnor` to tender an apology at any stage.

In 1997, a similar contempt notice was issued against the then Prime Minister, Nawaz Sharif for making a controversial and derogatory speech against the judiciary in Parliament. Although Sharif had appeared before the court and apologised, the court refused to accept his gesture and indicted him. The case soured the relationship between the judiciary and the executive so much so that on November 28, 1997, PML-N supporters stormed and ransacked the court premises. Eventually, a case was registered against them. The stand-off between the two organs of the state ended with the departure of then Chief Justice Sajjad Ali Shah.

Copyright Business Recorder, 2012


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