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Pakistani PM decides not to appeal against conviction

26 May 2012 19:14 (UTC +04:00)

Baku-APA. Pakistani Prime Minister Yusuf Raza Gilani who was convicted by the Supreme Court of contempt for refusing to pursue graft cases against President Asif Ali Zardari last month, will not appeal against his conviction, his defense lawyer said on Saturday, APA reports quoting Xinhua.

The prime minister, who had been given only a token sentence of less than a minute on April 26, had a month time to file an appeal against the apex court’s verdict, but Gilani has dropped the idea of challenging the order, defense lawyer Barrister Aitzaz Ahsan said.

The decision came days after Speaker of the National Assembly or lower house of Parliament ruled that Prime Minister Gilani cannot be disqualified. Speaker Fahmida Mirza rejected a letter from the Supreme Court’s registrar to send a reference to the country’s Election Commission to seek action against the Prime Minister.

Information Minister Qamar-uz-Zaman Kaira said the speaker’s ruling cannot be challenged in any court.

The Pakistani cabinet had earlier decided to appeal against Gilani’s conviction and his defense lawyer had even prepared an appeal before the expiry of a 30-day deadline on May 26. But leadership of the ruling Pakistan Peoples Party (PPP) has decided not to file the appeal, defense lawyer said.

Legal experts are of the opinion that the government has decided to make the issue political rather than fighting the case legally. They argued that the Supreme Court’s conviction will remain intact and the apex court can in future deliver a clear decision to disqualify the prime minister.

Former Law Minister and senior legal expert S. M. Zafar said the prime minister did not file appeal as he had fears the Supreme Court may disqualify him if he files appeal.

He said petitions could now be filed in the courts to seek court’s intervention to stop the prime minister from functioning.

He also said that there is no legal protection to the ruling of the parliamentary speaker and it could be challenged in the court.

Another senior lawyer Babar Sattar said conviction of the prime minister will remain effective after his decision not to challenge his conviction.

He said that the Supreme Court’s verdict of conviction is now final and Gilani will remain a convicted Prime minister. He said the prime minister’s nomination papers for taking part in future elections could be rejected as he is now a convicted person.

Gilani’s lawyer said that an appeal will not be filed against the conviction of the prime minister. He told the advocate on record that he "can go home" as an appeal would not be filed.

A senior lawyer, AK Dogar, has meanwhile filed a petition in the Supreme Court, asking it to stop Gilani from holding the prime minister’s office as he was disqualified as per the court’s verdict.

The opposition has been calling for Gilani’s resignation since a seven-member bench headed by Justice Nasirul Mulk gave the judgment and sentenced him till the rising of the court. Gilani rejected calls for resignation from the post of prime minister.

The main opposition Pakistan Muslim League (PML-N) and small opposition groups have joined hands to urge Prime Minister Gilani to quit as he has lost his moral authority to continue in the post.

The court convicted Gilani of contempt for failing to act on repeated orders to reopen cases of alleged money laundering against Zardari in Switzerland. Gilani and the government had refused to act against Zardari, saying the president enjoyed complete immunity in Pakistan and abroad.