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Gilani contempt case: SC says no bar on writing letter
ISLAMABAD: Barrister Aitzaz Ahsan, counsel for the prime minister in contempt of court proceedings, on Thursday presented before the Supreme Court (SC) UN report on immunity for Heads of States, Geo News reported.The bench remarked that the prime minister was directed to write letter and there was nothing, which stopped him from doing so.
The report, titled "Preliminary report on immunity of State officials from foreign criminal jurisdiction" was tabled during 60th session of United Nations General Assembly in 2008.
The seven-member bench, led by Justice Nasir-ul-Mulk and comprising of 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, is hearing the case.
Aitzaz Ahsan concluded his arguments on presidential immunity today. He contended that besides United Nations, International Court of Justice has also acknowledged this provision.
'Heads of Congo and Djibouti were also provided immunity on this reason and Libya's Moammer Gaddafi was given exception in a lawsuit in France.'
Aitzaz insisted that the president has immunity in both civil and criminal cases. On this Justice Osmany said there is no bar on writing letter but on imitating proceedings.
On Wednesday, the court heard the arguments about the immunity enjoyed by the Heads of States under various international laws.
Aitzaz cited Vienna Convention on Diplomatic Relations 1961, and Vienna Convention on Consular Relations 1963, besides State Immunity Ordinance (vi) of 1981.
He said a head of state enjoyed absolute immunity under the international laws under jurisdiction from all domestic courts all over the world in all civil and criminal matters.
Courtesy www.geo.tv