News
Thursday, April 19, 2012
SC again asks govt to write letter to Swiss authorities* Justice Asif Khosa says Swiss appellate court remanded case to lower court as it awarded less sentence
Staff Report
ISLAMABAD: The Supreme Court (SC) on Wednesday once again urged the government to write a letter to the Swiss authorities, saying neither it was against President Asif Ali Zardari, Prime Minister Yousaf Raza Gilani nor wanted to punish anyone in this case.
A three-member bench, headed by Justice Nasirul Mulk, observed that the 17-member bench while dismissing the review petition had given specific direction to implement the December 16 judgement in letter and spirit without further delay.
Barrister Aitzaz Ahsan, counsel for the PM in contempt of court proceedings, contended that his client was not disobeying the SC’s directions for writing the letter to Swiss authorities, but he wanted that the matter should be deferred until the completion of the president’s tenure.
Zardari as head of the state enjoyed blanket immunity in all courts under the international laws, Aitzaz said.
Resuming his arguments, the counsel said that the president could not be presented before a Swiss magistrate as long as he held the office.
He said, “Submitting the president to foreign courts will be humiliation of Pakistan. The Swiss courts are not asking and we are going to submit him.”
He asserted that the cases in Swiss courts had been closed on merit and if the court had to renew them, there was complete immunity for the president’s office. Justice Sarmad Jalal Osmani questioned whether the head of state was accountable before the court. Aitzaz replied the president was answerable to the Pakistani courts and not the foreign ones.
Justice Nasir asked how the question of immunity to the president was relevant here, as they had ordered the PM to write the letter to Swiss authorities for reopening graft cases against NRO beneficiaries. The court said, “If you say the president has immunity then claim it before the Swiss courts, as this is the matter between the accused and the Swiss authorities.”
Justice Nasir asked the counsel to read former attorney general Malik Qayyum’s letter, which he wrote to Swiss authorities on November 6, 1997 to withdraw right of becoming civil party and seeking legal mutual assistance regarding laundered money in the Swiss banks. Justice Khosa said, “We are saying you to write letter against other accused.”
During the hearing of the case on many occasions the learned counsel had stated that there was no other accused except President Zardari whose cases are pending in Switzerland. Aitzaz requested the court to refer the case to a larger bench, adding that the court should use coercive measures for the implementation of its order. He completed his arguments on Article 10A of the constitution. He briefed the court about Vienna Convention.
The court adjourning the hearing until Thursday (today).
Courtesy www.dailytimes.com.pk