Pakistan Prime Minister Yousuf Raza Gilani in court for hearing on contempt charges

Islamabad: Pakistan's embattled Prime Minister Yousuf Raza Gilani was indicted by the Supreme Court for contempt over his refusal to reopen graft cases against the President, Asif Ali Zardari.

Mr Gilani drove his car to court, smiled and waved much as he had done on his last appearance in court on January 19, and then disappeared into court room number 4 to appear before a seven-member bench headed by Justice Nasir ul Mulk. Interior Minister Rahman Malik was with him. Other ministers are already at the court.

If Mr Gilani is convicted, he could be imprisoned for six months and face possible removal from office after being disqualified from holding public office for five years.

However, legal experts pointed out that the President had the power to pardon him after his conviction. SM Zafar, a noted lawyer and parliamentarian, said such a presidential pardon would apply only to the punishment handed down by the court while the conviction would remain on record.

Therefore, the premier could be disqualified despite the pardon, he remarked.

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Dealing a major blow to Mr Gilani, 59, Pakistan's top court headed by Chief Justice Iftikhar Chaudhry on Friday had rejected his appeal against framing of contempt charges over
his failure to act on its repeated orders to revive cases of alleged money laundering against Asif Ali Zardari in Switzerland. Mr Gilani personally appeared in the court when it took up the contempt case on January 19 and said the government could not reopen the cases against the President because he enjoys complete immunity in Pakistan and abroad.

Refusing to buy his arguments, the court told Mr Gilani that he had no option but to write to Swiss authorities to revive graft cases against Mr Zardari as no one was above the law.

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Insiders in the ruling Pakistan People's Party today said the premier is expected to stick to this position in the court today.

The apex court has been pressuring the government to reopen the cases since December 2009, when it struck down the National Reconciliation Ordinance, a graft amnesty issued by
former military ruler Pervez Musharraf that benefited Mr Zardari and over 8,000 others.

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The PPP has been reluctant to act because top leaders believe any action on the cases in Switzerland could give the Supreme Court an opportunity to interpret the constitutional
provision related to presidential immunity.

"Once the Swiss cases are reopened, then the court could say it wants to review the President's immunity. And all this will pave the way to launch a 'get Zardari' movement on legal grounds," a PPP leader, who did not want to be named, told PTI.

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At the same time, the PPP's top leadership has considered the possibility that Mr Gilani may have to be replaced if the apex court acts against him.

Religious Affairs Minister Khursheed Shah and Defence Minister Chaudhry Ahmed Mukhtar have emerged as possible contenders for the premier's slot if Mr Gilani is disqualified, insiders said.

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There is a section in the PPP which believes that any action taken by the Supreme Court against Mr Gilani could boost the party's standing, especially in the premiers home province of Punjab, at a time when its fortunes are at a low.

"People are already saying that the courts have never acted against military dictators and those who violated the Constitution. Imagine what will happen if the court decides to act against the Prime Minister who freed the judges who were detained by Pervez Musharraf," said another PPP leader, who too did not want to be named.

"We are fully convinced that Gilani's sacrifice will give a boost to the party and help lay a strong launch pad for the next election," a presidential aide said.

(With agency inputs)