News
Sunday, August 26, 2012
PPP splits on finding ‘middle way’ to end judiciary-executive tussle
By Hasnaat Malik
ISLAMABAD: As the Supreme Court (SC) is taking up NRO implementation case tomorrow (Monday), the PPP leadership is divided over whether or not to find a ‘middle way’ to end a standoff between the judiciary and executive over writing a letter to Swiss authorities for reopening graft cases against President Asif Ali Zardari.
Sources told Daily Times that one section of the party believed that the government should write a letter to Swiss authorities by claiming international immunity for President Asif Ali Zardari. Sources said that this group believed that at this stage, it would be easy for the government to settle the issue but it might lose control over contents of letter during tenure of the caretaker government.
They said that most of the government legal team’s members had also urged the PPP leadership to write a letter, saying that this would not affect the legal status of President Zardari. On the other hand, sources said, another group within the party was against writing a letter, saying that any such move would affect the party on political grounds.
The second group argues that if the government agrees to write a letter then how the ruling party would justify its workers who believe that writing to Swiss authorities will be tantamount to the trial of former prime minister Benazir Bhutto’s grave.
This section questions that if the legal team is urging Prime Minister Raja Pervez Ashraf to write a letter, “why didn’t it give this proposal to former PM Yousaf Raza Gilani who was disqualified by the SC in the same case?”
A number of PPP leaders believe that the SC’s “coercive action” against the incumbent prime minister would boost the PPP’s popularity in southern Punjab and Sindh before general elections and, therefore, the government should stick to its old stance. Advocate Tariq Mehmood, a legal expert, says finding a middle way out is not something difficult. He said the government might request Swiss authorities through a letter to consider reopening cases against the president but at the same time clarifies that the president enjoys immunity under local laws. Mehmood also said that the letter should also highlight that a money-laundering case for granting a pre-shipment inspection award to SGS on the basis of which cases had been lodged in Switzerland still awaited prosecution before a local court because of Article 248 of the constitution which provided protection to the president from all kinds of litigation.
Unless that case is decided, he said, it would be difficult to prove the allegations of money-laundering before Swiss courts.
The letter should also highlight that under international laws, heads of states also enjoy sovereign immunity, he said, adding that to do this the executive would have to bend backwards by showing flexibility.
Showing goodwill gestures, the SC observed on August 16 that if Prime Minister Raja Pervez Ashraf makes a positive commitment on August 27 regarding writing a letter to Swiss authorities, the court would facilitate him “otherwise law would take its own course”. A five-member SC bench, headed by Justice Asif Saeed Khosa, hearing a review petition against June 27 and July 12 orders of the court, said, “If the prime minister would say two positive words on August 27 then they [court] would facilitate him, otherwise the law would take its own course.” The bench also said that no one should feel insulted in appearing before the court.
Courtesy www.dailytimes.com.pk