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Tuesday, January 24, 2012

‘Irrelevant’ to write letter to Swiss courts: Aitzaz

Staff Report

LAHORE: Counsel for the prime minister in the NRO case, Aitzaz Ahsan, said on Monday it would be “irrelevant” to write a letter to Swiss courts to reopen graft cases against the president because he has “complete immunity”.

“President Asif Ali Zardari enjoys full immunity both in Pakistan and Switzerland. The president has immunity not because of his personality but due to the office he holds,” Aitzaz Ahsan told reporters at the Lahore High Court.

He said Article 248 of the Constitution provides immunity to the president and “he doesn’t need to approach a court to seek it”.

“If someone files a petition against the chief justice of Pakistan or chief justice of the Lahore High Court, registrar offices of the two courts will not accept these petitions because a case cannot be filed against chief justices,” Aitzaz Ahsan said.

Aitzaz Ahsan said chief justices would not approach courts to seek immunity. He said there would be no contempt of court if a letter was not written to Swiss courts, adding, “Prime Minister Yousaf Raza Gilani did not commit contempt of court and refuse to write a letter due to protection [for the president] under Article 248 of the Constitution.”

Aitzaz Ahsan said the provision of immunity could be changed by introducing an amendment to the Constitution.

Commenting on Justice (r) Khalilur Rehman Ramday’s statement about the issue of immunity, Aitzaz Ahsan said that being the writer of the NRO judgement, the former judge should have not given a “one-sided” version. “Justice Ramday has started doing politics even before the end of a two-year period after his retirement,” the former SCBA head said. “I respect Mr Ramday, but I also feel sorry for him. He has put his hard-earned honour at stake.”

Aitzaz Ahsan said he had agreed to defend Prime Minister Gilani in the court on “certain conditions”. “I had told the prime minister that no statement would be made to malign courts and that he would not go to the Supreme Court in a procession,” he said.

Courtesy www.dailytimes.com.pk

 

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