AGP records statement against 'contemner'

The Supreme Court on Wednesday recorded statement of Attorney General for Pakistan (AGP) Maulvi Anwarul Haq. The AGP is acting as a prosecutor in the contempt case against Prime Minister Yousaf Raza Gilani. The AGP's statement was made part of the court record after a thorough examination of the volumetric documentary evidence submitted by the prosecution to establish that the contemnor was liable to be convicted.
A seven-member special bench headed by Justice Nasirul Mulk and also comprising 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, directed Aitzaz Ahsen, counsel for the Prime Minister, to positively submit the list of witnesses along with their statements by February 27. The court fixed February 28 as the next date of hearing.
During the hearing, the AGP submitted that he reserved the right to submit additional documentary evidence and produce witnesses after a written statement by Prime Minister in the matter was submitted. On the occasion, Justice Asif Saeed Khosa inquired from PM' counsel Aitzaz Ahsen whether he was willing to file a reply in the matter under Section 342 of Cr.PC. Ahsan told the bench that he would get directions from his client over the evidence produced by the prosecutor so far. Only then will he file the reply on February 27, according to him.
However, Ahsan contended that he also reserved the right to object to prosecutor's statement. In his statement, AGP submitted that he had already presented documentary evidence consisting of four volumes in favour of the contempt charge framed against the Prime Minister. He said the evidence presented by him was quite sufficient to convict the contemnor.
The AGP presented certified copies of 40 orders of the court in the National Reconciliation Ordinance (NRO) judgement including various orders passed in the NRO implementation case, "which were flouted, disregarded and disobeyed by the Prime Minister." He said the first order for implementation of the NRO verdict was passed on March 29, 2010, which also included paragraph 178 of the NRO verdict.
At the outset of hearing, the court dismissed a Shahid Orakzai's appeal against the objections raised by the registrar office on his petition against the appointment of Attorney General of Pakistan as 'prosecutor' in the contempt case. The court upheld the objections raised by the registrar's office on the petition.
Orakzai had contended that the attorney general could not be appointed as prosecutor in the contempt case against the Prime Minister as he was subordinate to the prime minister. "Whether under the Constitution and the Supreme Court Rules, a petition for fair trial under Article 10A can be returned on the grounds that it was not filed by the person under trial," Orakzai questioned.
Justice Mulk noted that the Prime Minister had not objected to his trial. Justice Khosa noted that the court had the authority to replace the prosecutor any time if it found that the prosecutor was not proceeding with the case properly. Earlier on February 13, the Supreme Court indicted the Prime Minister for contempt of court after he had pleaded not guilty to the charge.