ISLAMABAD: To further strengthen his argument in Prime Minister Yousaf Raza Gilani’s contempt case, Barrister Aitzaz Ahsan on Thursday presented Chief Justice Iftikhar Muhammad Chaudhry’s earlier order which stated that the prime minister is obliged to take advice in all matters before taking any decision.
Ahsan had stressed in the last hearing that Gilani did not take the decision of not writing the letter to Swiss authorities himself, but was instead advised to take the step.
During today’s hearing, Ahsan argued that following the chief justice’s earlier order, Gilani was supposed to seek advice from the Law Ministry and the Human Rights Division before taking any action, and the advice he received in the NRO implementation case was not in favour of the court’s decision.
“In any civil or military issue, the government has to consult the Law, Justice and Human Rights Division,” he remarked. “According to the Rules of Business 1973, the prime minister should have consultations before taking any decision.”
Justice Nasirul Mulk, heading the nine-member bench, remarked that the premier was efficient in listening to the Law Ministry and the Human Rights Division, but did not give due consideration to the court’s orders. “The prime minister has the right to turn down Law Ministry’s advice,” Justice Athar pointed out.
Ahsan questioned the court that if it can send notices to Bhutto, Nawaz Sharif and Gilani, then why it can’t initiate any action against the generals who were involved in arresting the judges.
He also stated that the Swiss court looking into the matter had itself closed the case saying that there was no adequate evidence.
The hearing of the case ended as Ahsan concluded his statements. The court will pass its order by 1pm.