Opinion Gilani in the dock

Meanwhile,the Supreme Court dealt another blow to PPP’s legal defence team by suspending — though temporarily — Babar Awan’s licence to practice law. Awan,who was Pakistan’s law minister until April 2010,and has been representing the federation in the Zulfikar Bhutto reference,has drawn the court’s ire because of his abrasive style. Dawn reported on January 20 that Awan may now have his eye set on reclaiming his previous portfolio: “Rumour has it that upon hearing of the suspension of his licence,the lawyer drove off to the presidency to redeem his post as the law minister…” While the president was reportedly keen on Awan’s reinstatement,the PM contended that it may annoy the Supreme Court.

The right lawyer

The entry of Chaudhry Aitzaz Ahsan,a prominent lawyer and doyen of the lawyers’ movement,has complicated the picture further (the judiciary,which was overthrown by Pervez Musharraf’s emergency in 2007,was restored after a sustained campaign by Pakistan’s legal fraternity. The deposed chief justice of Pakistan,Iftikhar Muhammad Chaudhry was reinstated after this movement.) It is pertinent to note here that following the reinstatement of Chaudhry as Pakistan’s chief justice,Ahsan has been on record saying that as a matter of principle,he would never appear before him.

Now,Ahsan’s appointment as the embattled Gilani’s lawyer is being viewed as a reconciliatory move from the government. Dawn reported on January 18: “A brief press statement issued by the media wing of the prime minister’s secretariat confirmed a meeting between Mr Ahsan and Mr Gilani at the prime minister’s house on Tuesday. ‘In the meeting,it was agreed that Barrister Aitzaz Ahsan would appear in the Supreme Court of Pakistan along with the prime minister as his counsel on January 19,’ said the statement.”

While Ahsan made it clear that Gilani being accused of contempt of court charges had no basis,he didn’t see a reason why a letter to the Swiss government couldn’t be written to initiate graft charges against President Zardari. The Express Tribune quoted Ahsan on January 18: “Asif Ali Zardari has complete immunity as president,” Ahsan told reporters. “There is no harm in writing a letter to the Swiss authorities. He enjoys immunity in Pakistan and abroad as long as he is president,” he added… Through my arguments,I will try to convince the court that the prime minister is not guilty of contempt.”

Facts of the case

On January 19,Gilani went to court with Ahsan. The PM was seen waving to bystanders,as he drove his SUV himself into the court complex,with Ahsan seated next to him. The January 19 Express Tribune editorial laid out the proceedings of the court: “While many had expected… fireworks in the court and a showdown of some kind,this did not happen. Aitzaz Ahsan,who took the line he has taken before,that the government should write to Swiss authorities but that the president enjoyed immunity,reiterated this stance. His emphasis that this provision came with the post of head of state and was in no way intended to protect Asif Ali Zardari alone,should help clear an environment filled with conjecture that the government’s reluctance to write the letter is based on a desire to protect a single individual. The point raised by the court that the president needs to seek immunity,which is not available to him automatically,is one that Gilani and Ahsan will need to examine over the coming days. For now,the case has been adjourned till February 1,after the court granted a request from the prime minister’s counsel to study the matter.”