IN THE HONOURABLE SUPREME COURTOF PAKISTAN

Application No.-------------------/2012

1. Yunis Khushi Advocate

2. Honourable People of Pakistan

Applicants

Versus

1. Syed Yousuf Raza Gillani (Unfortunately Prime

Minister of Pakistan)

2. Asif Ali Zardari (Unfortunately President of

Pakistan)

Respondents

APPEAL FOR IMPLEADMENT OF HONOURABLE PEOPLE

OF PAKISTAN AS A PROPER AND NECESSARY PARTY

IN THE CONTEMPT CASE AGAINST PRIME MINISTER

YOUSUF RAZA GILLANI IN THE NRO CASE

Respectfully Sheweth:

1.That the case of contempt of court against

Yousauf Raza Gillani, (unfortunately the Prime

Minister of Pakistan) is pending before this

Honorable Court and fixed for 1-2-2012.

2.That since the issue of immunity enjoyed by

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Asif Ali Zardari, (unfortunately the president

of Pakistan) is going to be discussed in the

said case, therefore, he should also be

impleaded as a necessary and proper party.

3.That the Prime Minister Yousuf Raza Gillani is

guilty of a serious contempt of court and has

also violated his oath as a Prime Minister of

Pakistan by not implementing more than 55

orders and decisions of the Honourable Supreme

Court of Pakistan. He claims that he has a lot

of respect for the judiciary and that he was

acting within the limits of the Constitutions

and Law. He also continues to demand that

every institution should work and operate

within the limits defined by the Constitution

for every democratic institution. But the fact

of the matter is that Prime Minister Yousuf

Raza Gillani, President Zardari, cabinet

ministers, and most of the bureaucracy is not

obeying the Constitution and the law, and

consider themselves above the law. All of them

continue to violate the Constitution and the

law day in and day out. Since they are not

following and obeying the Constitution and the

law, and when the Supreme Court tells them to

follow Constitution, and when The Supreme Court

checks them for violating the Constitution and

the law, they begin to cry that Supreme Court

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is going beyond its Constitutional limits and

is infringing upon the jurisdiction of the

legislature, and the executive. In a political

culture and society where legislature and the

executive are hands in glove to violate the

Constitution and the law, and are determined to

continue to rob away the political, economic,

social, and cultural rights of the people, what

else can Supreme Court do, which is the only

hope of the poor, destitute, and miserable

masses of Pakistan.

4.That Prime Minister Yousuf Raza Gillani

completely lacks understanding, comprehension,

perception, appreciation and respect for the

Constitution and the rule of law. Prime

Minister Yousuf Raza Gillani, Asif Zardari, his

party men and women, and even other political

parties do not give a dam to the Constitution,

rule of law, the judiciary, and the honourable

people of this country, and even the very

future, integrity and solidarity of Pakistan.

They can go to any extent to safeguard their

vested interests even to the extent of

disbanding or total destruction of Pakistan.

The parliamentarians have also showed immense

disrespect for the judiciary by passing

resolutions wherein they have reposed complete

trust in the leadership of PM Gillani and

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Zardari.

5.That Prime Minister Yousuf Raza Gillani only

appeared before the Honourable Supreme Court of

Pakistan just to fool around with the judiciary

and the honourable people of Pakistan. The

fact of the matter is that Prime Minister

Yousuf Raza Gillani has shown immense

disrespect for the highest court and the

honourable people of Pakistan and has been

making a mockery of the Pakistani judiciary by

openly declaring during his cabinet meetings

that the letter to the Swiss courts will never

be written. He also gave a free hand to his

ministers like Babar Awan to do leg pulling and

indulge in the mockery of the judiciary by

uttering stupid things about the highest court

of the country. He motivated the Sindh

Provincial Assembly to pass a resolution in

support of Asif Ali Zardari and to inflict

insult upon the Honourable Supreme Court of

Pakistan.

6.That PM Yousuf Raza Gillani also constantly

insulted the Supreme Court of Pakistan by

appointing corrupt persons on very important

positions and particularly those who were

sacked on the orders of the Supreme Court of

Pakistan. He appointed one of his jail mates

(Adnan Khawaja) as Chairman OGDC despite the

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fact that Adnan Khawaja was hardly an F.A.

Another person who was running a night club in

Dubai was appointed Chairman NLIC. Presidnet

Zardari and Zardari insulted the Supreme Court

and the people of Pakistan be appointing and

reappointing Justice (Rtd.) Deedar Shah as

Chairman NAB. They insulted the Supreme Court

by supporting through personal appearances and

speeches in the election campaign of Jamshed

Dasti who was disqualified by the Supreme Court

of Pakistan due to having a fake B.A. degree.

7.That the Prime Minister has willfully,

intentionally, and deliberately supported,

covered up, facilitated, and assisted the

corruption of Mr. Zardari, many ministers,

parliamentarians, and even his own son and

friends, his wife, his cabinet members, many

PPP politicians, Chauhdry brothers, and many

other allies like MQM and ANP. The

investigation officers of the NILC and Haj

corruption case were constantly disturbed,

threatened, harassed, terminated, and

transferred by the Prime Minster Gillani and

President Zardari to safeguard themselves,

their family and friends from interrogation,

and arrests.

8.That the Prime Minister has not acted as the

chief executive of the country but as a munshi

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(clerk) of Mr. Zardari. His attitude has been

such as if he was saying to the highest court

of the country that “the letters against

President will be written over my dead body”.

He has constantly proved that he is the most

incapable, unwise and unable prime minister

that Pakistan has ever had. He has also

constantly proved that he does not have a

proper mental caliber to think beyond his and

Zardari’s personal interests, and he cannot

think in the larger interest of Pakistan and

its people. It seems that Mr. Gillani only

accepted the premiership on terms of being

loyal to Mr. Zardari and despite the disliking

of the people of Pakistani for Zardari and now

Yousuf Raza Gillani, he (Gillani) is staying as

a premier just for protecting Zardari, for

making money through corruption, and for

enjoying the benefits and luxuries of being a

prime minister of the country.

9.That the Prime Minister Yousuf Raza Gillani has

told a lie before the Honourable Supreme Court

and the whole nation by saying that “I had no

intention to ridicule the judiciary and have

great regard and respect for the majesty of

this Court,”. He also claimed that he was

implementing the agenda of Benazir Bhutto

Shaheed. The people of Pakistan would like to

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know: ”Does PM Yousuf Raza Gillani want to say

that the agenda of Benazir Bhutto Shaheed was

to promote corruption poverty, unemployment,

inflation, and crime and terrorism in

Pakistan?”

10. That the Prime Minister has also violated

his oath by assisting, facilitating corruption

and by not protecting the rights of the people

of Pakistan. He had taken an oath That “I will

bear true faith and allegiance to Pakistan:

That, as Prime Minister of Pakistan, I will

discharge my duties, and perform my functions,

honestly, to the best of my ability, faithfully

in accordance with the Constitution of the

Islamic Republic of Pakistan and the law, and

always in the interest of the sovereignty,

integrity, solidarity, well- being and

prosperity of Pakistan: That I will strive to

preserve the Islamic Ideology which is the

basis for the creation of Pakistan: That I will

not allow my personal interest to influence my

official conduct or my official decisions: That

I will preserve, protect and defend the

Constitution of the Islamic Republic of

Pakistan: That, in all circumstances, I will do

right to all manner of people, according to

law, without fear or favor, affection or ill-

will:”

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11. That PM Gillani did not bear true faith

and allegiance to Pakistan. He did not

discharge his duties, and did not perform his

functions, honestly and faithfully in

accordance with the Constitution of the Islamic

Republic of Pakistan and the law, and always in

the interest of the sovereignty, integrity,

solidarity, well- being and prosperity of

Pakistan. He allowed his personal interest to

influence his official conduct or his official

decisions. He did not preserve, protect and

defend the Constitution of the Islamic Republic

of Pakistan. In all circumstances, he did not

do right to all manner of people, according to

law, without fear or favor, affection or ill-

will.

12. That people of Pakistan and the rest of

the world is shocked that how could a person

like Zardari, a man with such a strong criminal

background become a president of Pakistan, and

also how could an unworthy person like Yousuf

Raza Gillani continue as a Prime Minister of

Pakistan for the past four years.

13. That the Prime Minister has constantly

said that Mr. Zardari enjoys immunity under

Article 248 of the Constitution of the Islamic

Republic of Pakistan. But Mr. Gillani and all

those who support the immunity of president

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have not been able to perceive and understand

that Article 248 contradicts Articles 5 and 25

of the Constitution:

Article 5: (1) Loyalty to the State is the basic duty of every citizen.

(2)Obedience to the Constitution and law isthe [4] [inviolable] obligation of every citizen wherever he may be and of every other person for the time being within Pakistan.

Article 25 of the Constitution which says that:

“25.  Equality of citizens.— (1)  All

citizens are equal before law and are

entitled to equal protection of law.”

14. That Article 25 demands that if Zardari

and many parliamentarians and bureaucrats can

be given under NRO and Article 248, then many

criminals, murderers, robbers, killers,

kidnappers, and terrorists languishing in the

jails of the country should also be given

immunity for the crimes that they have

committed. This also demands that if NRO and

Article 248 can protect many criminals

belonging to the ruling elite then every

citizen of Pakistan should have complete

freedom to commit crimes and corruption and

they should not be touched at all.

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15. That the supporters of the immunity under

Article 248 did not bother to read the clause 4

of the Article 248. The clause (4) of Article

248 says: Aricle 248(4) No civil proceedings

in which relief is claimed against the

President or a Governor shall be instituted

during his term of office in respect of any

thing done or not done by him in his personal

capacity whether before or after he enters upon

his office unless, at least sixty days before

the proceedings are instituted, notice in

writing has been delivered to him, or sent to

him in the manner prescribed by law, stating

the nature of the proceedings, the cause of

action, the name, description and place of

residence of the party by whom the proceedings

are to be instituted and the relief which the

party claims”.

16. That the clause 4 of Article 248 clearly

says that if the rights of any person are

snatched away by a president or a governor or a

minister, then proceedings against president

and other government official can be initiated

with a notice sent to president and others

after passage of 60 days after serving of such

notice. The rights of the honourable people of

Pakistan are being snatched by the ruling elite

of this country for the past 65 years, and by

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the present government, the president and his

team for the past 4 years, and his supporters

are still demanding immunity for him.

17. That if the president of the country is a

man of character and integrity, and works in

the interest of the county and its people, only

then he/she should not be questioned for the

good deeds that he/she performs for the

betterment of the country and its people. But

the current president Mr. Zardari and majority

of the ministers and parliamentarians are

corrupt to the core and have benefitted from

the NRO. Mr. Zardari has a strong criminal

background and has been hiding in the safe

havens of the presidency for the past 4 years.

According to one news report the PPP government

is carrying out a corruption of 1000 billion

rupees per annum. Another report says that the

assets of the parliamentarians have increased

by 120 billion rupees during the past 4 years.

18. That Mr. Zardari has used the immunity

under Article 248 to continue his loot,

swindling, fraud, corruption and cheating. He

has been supported by the PPP and other

political parties, the parliament, and even

bureaucracy in his ventures of loot,

corruption, and plundering the national wealth.

He has something seriously wrong with his genes

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and bloodline, which continue to be the robber

of the wealth of the poor Pakistani masses. He

would never be able to understand the value of

being an honest and faithful to Pakistan and

its people as a president. Like Nawaz Sharif,

Zardari, Gillani and most of the members of the

Pakistani ruling elite have a greed and lust

for wealth and power which knows no limits or

boundaries. All such people can never think for

the wellbeing of Pakistan and its masses.

19. That Mr. Zardari has violated the oath of

his office as a president, which said:

“That I will bear true faith and

allegiance to Pakistan: That, as

President of Pakistan, I will discharge my

duties, and perform my functions,

honestly, to the best of my ability,

faithfully in accordance with the

Constitution of the Islamic Republic of

Pakistan and the law, and always in the

interest of the sovereignty, integrity,

solidarity, well- being and prosperity of

Pakistan: That I will not allow my

personal interest to influence my official

conduct or my official decisions: That I

will preserve, protect and defend the

Constitution of the Islamic Republic of

Pakistan: That, in all circumstances, I

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will do right to all manner of people,

according to law, without fear or favor,

affection or ill- will:”

20. The Mr. Zardari did not bear true faith

and allegiance to Pakistan: That, as President

of Pakistan, he did not and he is not

discharging his duties, and perform his

functions, honestly, faithfully in accordance

with the Constitution of the Islamic Republic

of Pakistan and the law, and in the interest of

the sovereignty, integrity, solidarity, well-

being and prosperity of Pakistan. He allowed

his personal interests to influence his

official conduct or his official decisions. He

did not do right to all manner of people,

according to law, without fear or favor,

affection or ill- will.

21. That Mr. Zardari’s performance as a

president has proved that he did everything in

violation of his oath. He will never be able

to value the words of the oath of a president

of a country. He continued to behave in the

manner of a non-serious boyish attitude which

restrained him from completing his studies,

which is the reason that he was not able to go

beyond F.A.

22. That it was and it will be a serious

mistake on the part of Pakistani people and

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politicians to grant immunity to any such

person with such a strong criminal record,

background, and inclination towards crime and

corruption. The article 248 of the

Constitution should be done away with forever

and ever so that no corrupt ruler is able to

enjoy immunity in future at all. But it seems

that the parliament will never be able to do

away with this article because parliamentarians

are controlled by their party heads and

therefore they are not the representatives of

the people of Pakistan. They will continue to

be the slaves of their party heads and will

never raise a voice for the rights of the

masses, and will never challenge the governance

style of Zardaris and Sharifs etc.

23. That the Constitution, like holy books,

has to be read in totality and not in a vacuum

and not in parts. The supporters of the

immunity of the president under article 248

also forgot to read Article 41, 43, 47, 62, and

67 of the Constitution.

Article 41. The President (2) A person shallnot be qualified for election as Presidentunless he is a Muslim of not less than forty-five years of age and is qualified to beelected as member of the National Assembly.

Article 43. Conditions of President's office. (1) The President shall not hold any office of profit in the service of Pakistan or occupy any

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other position carrying the right to remuneration for the rendering of services.(2) The President shall not be a candidate for election as a member of [Majlis-e-Shoora (Parliament)] or a Provincial Assembly; and, ifa member of [Majlis-e-Shoora (Parliament)] or aProvincial Assembly is elected as President, his seat in [Majlis-e-Shoora (Parliament)] or, as the case may be, the Provincial Assembly shall become vacant on the day he enters upon his office.Article 47. Removal [or impeachment] of

President. (1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removedfrom office on the ground of physical or mentalincapacity or impeached on a charge of violating the Constitution or gross misconduct.(2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of itsintention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.](3) If a notice under clause (2) is received bythe Chairman, he shall transmit it forthwith tothe Speaker.(4) The Speaker shall, within three days of thereceipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President.(5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after thereceipt of the notice by him.(6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded.(7) The President shall have the right to

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appear and be represented during the investigation, if any, and before the joint sitting.(8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of notless than two-thirds of the total membership of[Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

Article 62: Qualifications for membership of Majlis-e-Shoora (Parliament): (1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora (Parliament) unless- (a) he is a citizen of Pakistan;(b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enroled as a voter in any electoral roll in- (i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and(ii)any area in a Province from which she seeks membership for election to a seat reserved for women.(c) he is, in the case of Senate, not less than thirty years of age and is enrolled as a voter in any area in a Province or, as the casemay be, the Federal Capital or the Federally Administered Tribal Areas, from where he seeks membership;(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by Islam as well as abstains from major sins ;

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(f) he is sagacious, righteous and non-profligate, honest and ameen, there being no declaration to the contrary by a court of law;(g) he has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan.

 (2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a non-Muslim, but such a person shall have good moral reputation.] Article 63: Disqualifications for membership

of Majlis-e-Shoora (Parliament): (1) A person shall be disqualified from being

elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if:- (a) he is of unsound mind and has been so declared by a competent court; or(b) he is an un-discharged insolvent; or(c) he ceases to be a citizen of Pakistan,or acquires the citizenship of a foreign State; or(d) he holds an office of profit in the service of Pakistan other than an office declared by law not to disqualify its holder; or(e) he is in the service of any statutory body or any body which is owned or controlled by the Government or in which the Government has a controlling share or interest; or(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan CitizenshipAct, 1951 (II of 1951), he is for the timebeing disqualified under any law in force in Azad Jammu and Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and Kashmir; or(g) he has been convicted by a court of competent jurisdiction for propagating anyopinion, or acting in any manner, prejudicial to the ideology of Pakistan,

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or the sovereignty, integrity or security of Pakistan, or morality, or the maintenance of public order, or the integrity or independence of the judiciaryof Pakistan, or which defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period of five years has elapsed since his release; or(h) he has been, on conviction for any offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release; or (i) he has been dismissed from the serviceof Pakistan or service of a corporation oroffice set up or, controlled, by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or(j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the ground of misconduct, unless a period of three years has elapsedsince his removal or compulsory retirement; or(k) he has been in the service of Pakistanor of any statutory body or any body whichis owned or controlled by the Government or in which the Government has a controlling share or interest, unless a period of two years has elapsed since he ceased to be in such service; or(l) he, whether by himself or by any person or body of persons in trust for himor for his benefit or on his account or asa member of a Hindu undivided family, has any share or interest in a contract, not

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being a contract between a cooperative society and Government, for the supply of goods to, or for the execution of any contract or for the performance of any service undertaken by, Government:Provided that the disqualification under this paragraph shall not apply to a person- (i) where the share or interest in the contract devolves on him by inheritance orsuccession or as a legatee, executor or administrator, until the expiration of sixmonths after it has so devolved on him;(ii)where the contract has been entered into by or on behalf of a public company as defined in the Companies Ordinance, 1984 (XLVII of 1984), of which he is a share-holder but is not a director holdingan office of profit under the company; or(iii) where he is a member of a Hindu undivided family and the contract has beenentered into by any other member of that family in the course of carrying on a separate business in which he has no shareor interest; orExplanation.- In this Article "goods" doesnot include agricultural produce or commodity grown or produced by him or suchgoods as he is, under any directive of Government or any law for the time being in force, under a duty or obligation to supply.(m) he holds any office of profit in the service of Pakistan other than the following offices, namely :- (i) an office which is not whole time office remunerated either by salary or by fee;(ii)the office of Lumbardar, whether called by this or any other title;(iii) the Qaumi Razakars;(iv)any office the holder whereof, by

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virtue of such office, is liable to be called up for military training or military service under any law providing for the constitution or raising of a Force; or

(n) he has obtained a loan for an amountof two million rupees or more, from anybank, financial institution, cooperativesociety or cooperative body in his ownname or in the name of his spouse or anyof his dependents, which remains unpaidfor more than one year from the due date,or has got such loan written off; or(o) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; or(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-e-Shoora (Parliament) or of a Provincial Assembly under any law for the time being in force. For the purposes of this paragraph "law" shall not include an Ordinance promulgatedunder Article 89 or Article 128.(2) If any question arises whether a member of Majlis-e-Shoora (Parliament) hasbecome disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he decides that no such question has arisen, refer the question to the Election Commission withinthirty days and should he fail to do so within the aforesaid period it shall be deemed to have been referred to the Election Commission.

 (3) The Election Commission shall decide

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the question within ninety days from its receipt or deemed to have been received andif it is of the opinion that the member hasbecome disqualified, he shall cease to be amember and his seat shall become vacant.]

24. Zardari should have been removed from

office on the ground of physical or mental

incapacity or impeached on a charge of

violating the Constitution or gross

misconduct. He is unfit to hold the office

due to incapacity or is guilty of violating

the Constitution or of gross misconduct.

He only became president because he

benefited from the NRO, otherwise his

nomination papers would have rejected

instantly because he was wanted in many

corruption, fraud and murder cases. He and

many other parliamentarians do not possess

the qualities and qualifications to be

elected as parliamentarians. This was the

most unfortunate event in the history of

Pakistan that the parliamentarians voted

for Zardari to be elected as a president by

taking RS.70 millions a piece. This

happened because the parliamentarians do

not represent the people of Pakistan, but

care for their personal interests.

25. That the issue of immunity under Article

248 needs to be debated in detail and the

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immunity needs to be withdrawn from every

person whatsoever.

26. That the Attorney General of Pakistan,

Maulvi Anwarul Haq, who is supposed to

prosecute the Prime Minister, will not be

able to do his job because he is not a

proper constitutional lawyer, and secondly

he is on the pay roll of the government

thus he is tide to his job, and his hands

are tide because of the money paid to him

as a salary. The attorney general Maulvi

Anwarul Haq owes his loyalties and

sympathies to the present government which

has given him this job, and not to the

people of Pakistan.

27. That the precious and valuable rights

of the honourable people of Pakistan are

involved in the said case, therefore, the

honorable people of Pakistan are a

necessary and proper party in the said

case, therefore, the honourable people of

Pakistan should be impleaded as a party in

the said contempt case against Prime

Minister Yousuf Raza Gillani.

28. That the honourable people of Pakistan need

to be represented by some lawyers of

credibility and integrity. The prosecution

of the Prime Minister by his own Attorney

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General will be a noora kushti (fixed match),

a useless exercise, and a mockery of

justice and fair play.

Prayer:

Under the circumstances, it is respectfully

prayed that:

a. instead of the Attorney General of

Pakistan, a panel of senior lawyers

suggested by the present applicant

may graciously be allowed to appear

in this case before the Honourable

Supreme Court of Pakistan and

represent the honourable people of

Pakistan in the interest of justice

because the Attorney General being a

government official has no freedom to

represent the honourable people of

Pakistan.

b. Article 248 of the Constitution of

the Islamic Republic of Pakistan may

graciously be declared as null and

void so that no one enjoys immunity

for committing crime and corruption.

Any other relief that this Honourable Court

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deems fit, may also be granted.

Yunis Khushi Advocate (Appellant)

Email address: yuniskhushi@gmail.com

Cell Phone: 0334-6851982

Mailing Address:

C/o President, District Bar AssociationRawalpindi,

District Courts,

Rawalpindi, Pakistan.

Dated: ____________________

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