Gilani urges SC to remove his disqualification stigma

Former prime minister Syed Yusuf Raza Gilani on Friday submitted an Intra Court Appeal (ICA) before the

Supreme Court, pleading for removal of his disqualification stigma. The former premier moved the ICA in person under Section 19 of the Contempt of Court Ordinance 2003, challenging the judgement of a seven-mamber bench of April 26, 2012.

The larger bench had convicted and sentenced Gilani till rising of the court for the offence under Article 204 (2) of the Constitution read with Section 3 of the Contempt of the Court Ordinance 2003, for not writing a letter to the Swiss authorities under its directive contained in the NRO (National Reconciliation Ordinance) judgment. Gilani, in his plea, said that his decision for not writing a letter to the Swiss authorities was based upon approval of the Cabinet and was the requirement of his office as chief executive of the country.

"The appellant has been convicted and resultantly disqualified for five years for an act, which was not personal but the wrong and the stigma suffered by the appellant was personal and likely to ruin appellant's political career," he added.

He said that he had never in the past even received a contempt notice and could never think of committing a contempt of court. Recounting his services to the people during his long political career, he said that the order dated 14th November 2012, wherein this court allowed his successor to write a letter to the Swiss authorities with specific words "without prejudice to the President's claim regarding immunity under Article 248 of the Constitution," had the effect of rectifying the earlier official wrong.

"This required that the conviction till rising of the court suffered by the appellant, may also be set aside so that his position is vindicated," he added.

He said that he was erroneously convicted in contempt of court issue though his stance was vindicated by subsequent order of the court regarding Presidential immunity from prosecution under Article 248 of the Constitution.

That in the light of the developments as set out in the proceeding paragraph, the conviction and sentence awarded to the appellant till the rising of the court was harsh and not justified under the law, he added.

He contended that his act for not writing a letter was performed in the discharge of his official functions as the PM and the new Prime Minister also took a similar stand before this court but there was shift in the official policy of the government.

The PM decided to writ the letter in question to the Swiss authorities but even in the said letter the stand of immunity for the President had also been reiterated by the bench, he added.

The former PM said that his services to the rule of law and restoration of judiciary were well known as he had also participated in the restoration of judiciary movement and even before taking oath as the PM, he first ordered release of all deposed judges of the superior courts. He said during March 2009, when the issue for restoration of the Chief Justice of Pakistan was cropped up, he stuck to his point in the face of opposition of a lobby.