The apex court framed a three-page charge-sheet against the Premier after it resumed the hearing of a suo motu case on the contempt of court matter over non compliance of paragraph 178 of the apex court judgment in the defunct National Reconciliation Ordinance (NRO). Gilani is the first Premier who has been indicted on contempt charges by the superior judiciary. If convicted, Gilani faces six months in jail and disqualification from the office.
At the outset, Justice Nasir-ul-Mulk read out the charge-sheet, which stated that the Prime Minister has wilfully flouted, disregarded and disobeyed the Supreme Court orders, passed in the NRO case, specifically for writing letter to the foreign authorities to revive money laundering cases against President Asif Ali Zardari.
Soon after the charge-sheet was examined by Justice Nasir-ul-Mulk and signed by the bench, it was handed over to the Prime Minister through his counsel Aitzaz Ahsan. The prime minister consulted his counsel on the contents of the charge-sheet before he signed it.
Justice Mulk asked Gilani: "Have you heard and understood the charge?" "Yes," Gilani replied.
"Do you plead guilty to the charge?" Gilani replied in the negative. "Do you have any defence to make?" Gilani nodded in affirmation.
Gilani also said: "I will reply to the charge-sheet in writing. I will defend myself." "Do you accept the charge-sheet?" Justice Mulk questioned. Gilani said: "No". The Premier was also exempted from appearing before the bench in person as Justice Mulk had made it clear in the order, "The Prime Minister, for the time being, is exempted from appearance in the case".
After issuing the charge-sheet, the bench appointed Attorney General for Pakistan Maulvi Anwarul Haq as prosecutor in the contempt of court case and directed him to submit all relevant documents including the list of witnesses of the matter till February 16.
The AGP was also directed to record evidence from the prosecution side and submit it to the bench, adding that the bench will examine it on February 22.
Meanwhile, the bench asked the Premier's counsel to submit relevant documents from the defence side including the list of witnesses and evidence till February 27.
Ahsan will defend the charge-sheet, leveled against his client with evidence on February 28 - three days before March 2 Senate elections. The bench will also resume hearing of the case on February 28 for further proceedings.
The charge sheet states: "That you.. Syed Yousaf Raza Gilani, the Prime Minister of Pakistan have willfully flouted, disregarded and disobeyed the direction given by this court in Para 178 in the case of Dr Mobashir Hassan v Federation of Pakistan (PLD 2010 SC 265) (NRO case) to revive the request by the government of Pakistan for mutual legal assistance and status of civil party and the claims lodged to the allegedly laundered moneys lying in foreign countries, including Switzerland, which were unauthorizedly withdrawn by communication by Malik Muhammad Qayyum, former Attorney General for Pakistan to the concerned authorities, which direction you were legally bound to obey and thereby committed contempt of court within the meanings of Article 204(2) of the 1973 Constitution read with Section 3 of the Contempt of Court Ordinance (Ordinance V of 2003), punishable under Section 5 of the Ordinance and within the cognizance of this court. We hereby direct that you be tried by this court on the above said charge". The charge also carried three questions including- "Have you heard and understood the charge?, Dou you plead guilty to the charge? and do you have any defence to make".
A seven-member bench headed by Justice Nasir-ul-Mulk has been hearing the case. It also comprised 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.
Earlier‚ the Prime Minister Gilani drove himself to the Supreme Court. On the occasion‚ strict security arrangements were in place in and around the Supreme Court building. The PM exited through the judges' entry gate.