News
Monday, July 22, 2013
Cases may haunt Zardari but no ‘tough time’ in sightBy Hasnaat Malik
ISLAMABAD: As President Asif Ali Zardari abandons the Presidency in September, cases of alleged corruption against him could be reopened once he leaves the office but there are fewer chances that he will face tough time in this regard.
Legal experts say that President Zardari would lose immunity the day a new president takes oath.
However, a senior lawyer, SM Zafar, believes that the actions which President Zardari undertook in his official capacity might continue to have immunity but anything pending against him prior to becoming the president is open for litigation.
On the other hand, PPP senior lawyer and former deputy attorney general of Pakistan Shafi Muhammad Chandio told Daily Times that reopening of these cases would not pose problems to Zardari because he was co-accused in these matters and the main accused have already been acquitted.
Chaudhry Faisal Hussain, another lawyer, says he thinks the PML-N will not pursue cases against President Zardari due to absence of solid evidence. He also contends that without the approval of NAB chairman, no case could be reopened against him.
On March 5, 2008, five cases (ref nos 14/2001, 6/2000, 13/2001, 41/2001 and 23/2000) against President Zardari were closed down. These cases ware about acquiring assets beyond the disclosed source of income, illegal construction of a polo ground at the Prime Minister’s House, alleged corruption in the Green Tractor Scheme and corruption and corrupt practices in SGS and ARY Gold cases.
It will be interesting to see whether or not the PML-N government pursues these cases against President Zardari once he leaves the Presidency.
It is also to be seen whether or not the Supreme Court (SC) would stress the government for reopening of the cases against Zardari.
Zardari has been under pressure from the SC in the last three years with regard to reopening of alleged corruption cases against him in Switzerland.
Pakistan Bar Council Vice Chairman Qulb-e-Hassan believes that after the retirement of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in December 2013, “momentum of judicial activism will be minimised and, therefore, there are fewer chances that a political government will pursue cases against the head of another political party”.
He also said that President Zardari would not face any problem because the prime accused in these cases had already been acquitted.
Meanwhile, a three-member bench of the SC, headed by Chief Justice Iftikhar Muhammad Chaudhry, will hear non-implementation of NRO case today (Monday).
The bench will also take up matters related to a secret letter written by former law secretary Yasmin Abbasi to Swiss authorities for not opening cases against President Zardari.
Prime Minister Nawaz Sharif has already ordered an inquiry and set up a committee, consisting of Establishment Secretary Sami Saeed and Intelligence Bureau Director General Aftab Sultan, to probe the missing of Swiss cases files from the Law Ministry.
On June 26, the court had postponed hearing of the case for two weeks, allowing the committee to complete its investigation. But investigation by the committee is not yet complete. During the last week, the inquiry committee sought another three-week time to complete its probe.
Punjab Law Minister Rana Sanaullah had hinted at pursuing more cases of alleged corruption against President Zardari after he loses the constitutional indemnity he enjoys as head of state.
“Corruption by President Asif Zardari is not limited to Swiss bank accounts,” he had said. On the other hand, presidential spokesman Senator Farhatullah Babar says that nothing has been proved against President Zardari and the hype about reopening of Swiss cases was nothing but “political vendetta”.
Courtesy www.dailytimes.com.pk