No contempt proceedings if immunity established?: Supreme Court tells Prime Minister's counsel

The Supreme Court Wednesday said that Prime Minister Syed Yousuf Raza Gilani should have written a letter to Swiss authorities to revive graft cases against President Asif Zardari before he sought to invoke the "immunity" protection in the defence of President.
A seven-member special bench headed by Justice Nasir-ul-Mulk resumed the hearing of a contempt case against prime minister Gilani. Counsel for the premier, Aitzaz Ahsan, advanced his arguments on various technical issues during the proceedings.
Gilani appeared before the bench in person when it first took up the contempt case on January 19, but he was told that he was being exempted from making personal appearances in this case.
During the course of hearing, Justice Mulk remarked that the contempt case against the PM would stand closed if Ahsan succeeded in satisfying the court that the Constitution provided immunity to the president. Earlier, Ahsan had contended that the PM had not written a letter for he thought that President enjoyed immunity.
Justice Asif Khosa said the order on reopening of graft cases was announced by a 17-member bench and that decision could not be changed or annulled.
The bench referred to prime minister's remarks that he would not write a letter to the Swiss authorities and that he was ready to go to jail. The court asked Ahsan whether those remarks by the prime minister were not a clear defiance of the apex court's order.
On the occasion, Ahsan submitted that he was not speaking on the issue of presidential immunity at the moment but was expressing premier's thoughts or thinking in relation to Constitution and its stipulations. However, he insisted, the president enjoyed immunity.
Justice Mulk observed that presidential immunity was not mentioned in the review petition in NRO case as the premier had told the bench that he was not advised by anyone to write a letter and that it was his own decision.
Ahsan submitted that constitutionally speaking, President had complete immunity from prosecution in Pakistan and abroad and the government could not ask foreign authorities to act against him.
He further argued that the premier could not read detailed judgements and had acted on the advice of his legal aides, including the law minister and the law secretary, when he decided not to write a letter to the Swiss authorities.
Justice Khosa said that although the PM acted upon his aides' advice, he did not implement court's orders. Aitzaz apprised the bench that "the prime minister is a common man and acts after he holds consultations with advisors."
"The PM has been your pupil. What have you taught him?" Justice Sarmad Jalal Osmani asked Aitzaz. "Jehangir Badar was also my pupil and I imparted to my pupil Rules of Business," Aitzaz replied.
Justice Mulk observed that a letter would have to be written even after an end to contempt case hearing. "Immunity should have been claimed after writing a letter," he said. Aitzaz pleaded that there was no harm in writing a letter. However, he added, no contempt of court would be committed if a letter was not written.
According to Ahsan, the Constitution gives immunity to the PM for his actions and no contempt case could be made against him. The hearing was adjourned till Thursday.
Later, talking to media persons Ahsan said that even if the bench gave an order in the contempt of court case, the premier would still have 30 days to file an appeal. He insisted that Gilani had no ill intentions and had acted according to the law and after he sought advice from his legal aides.