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                        <title>The Express Tribune</title>
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			<title>Gilani granted seven days to re-file review petition</title>
			<link>https://tribune.com.pk/story/520104/yousaf-raza-gilani-granted-seven-days-to-re-file-review-petition</link>
			<comments>https://tribune.com.pk/story/520104/yousaf-raza-gilani-granted-seven-days-to-re-file-review-petition#comments</comments>
			<pubDate>Wed, 13 Mar 13 10:44:49 +0500</pubDate>
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				<![CDATA[The next hearing will heard be by a larger seven member bench headed by the Chief Justice.]]>
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				<![CDATA[Former Prime Minister Yousuf Raza Gilani has been given seven days to re-file his review petition regarding his disqualification by the Supreme Court of Pakistan, reported Express News on Wednesday.

Gilani appeared before a three member bench headed by the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Wednesday. Going over the appeal, the chief justice told Gilani that he can re-file his appeal and a larger bench will be constituted under the chief justice to hear it next week.

While speaking to the media after the hearing, Gilani maintained that the court projected a “courteous attitude” and had special consideration for him since he was not a professional lawyer. Gilani added that the court had asked him to file simultaneous review petitions for both the conviction handed to him in wake of the NRO contempt notice and his disqualification.

“The decision to file a petition first was my own”, he added.

The court adjourned the hearing for seven days.]]>
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			<title>The end of the Swiss letter saga</title>
			<link>https://tribune.com.pk/story/505794/the-end-of-the-swiss-letter-saga</link>
			<comments>https://tribune.com.pk/story/505794/the-end-of-the-swiss-letter-saga#comments</comments>
			<pubDate>Mon, 11 Feb 13 18:55:01 +0500</pubDate>
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				<![CDATA[editorial]]>
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			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=505794</guid>
			<description>
				<![CDATA[Institutions of state need to operate within parameters of constitutional boundaries, or else, anarchy may rise again.]]>
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				<![CDATA[The prolonged saga over the writing of a letter to the Swiss authorities to reopen a case against President Asif Ali Zardari was always about power, not principle. Both the government and the Supreme Court had seemingly refused to compromise over a case that was sure to be never heard by the Swiss authorities. Eventually, after losing a prime minister, it was the government that gave in. Now we have confirmation of just how fruitless this protracted battle really was. As expected, the Swiss authorities have made it clear that they have no intention of reopening the case. The last five years of constitutional crises and political uncertainty, as anyone could have predicted, therefore, have all been for naught.



In a sense, the ruling PPP can now claim vindication even though the victory is a pyrrhic one. Some may say that there was no need for former prime minister Yousaf Raza Gilani to be removed from office, especially since the government could have averted this scenario simply by writing the letter in the first place. We would have been spared not just the Gilani drama but also the legal woes of his successor, Raja Pervaiz Ashraf. One cannot help but feel that this is precisely what the PPP wanted, since the party can now campaign on a platform of victimhood and martyrdom. But the PPP’s gain has been the country’s loss, as we have had to bear the considerable expense and inconvenience of this ultimately meaningless struggle, not to mention the political instability that was caused.

Now that the Swiss case is finally dead and buried, it is time to move on. The true threat that democracy faces in the country comes from anti-democratic forces, not the PPP. That is where the focus of accountability should be redirected. The Swiss letter case was a battle of wills between two forces that have been hostile towards each other. That hostility should now end. Furthermore, all institutions of the state need to operate within the parameters of their constitutionally defined boundaries, or else, near anarchy may rise again.

Published in The Express Tribune, February 12th, 2013.]]>
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			<title>Swiss letter: The end.</title>
			<link>https://tribune.com.pk/story/505225/swiss-letter-the-end</link>
			<comments>https://tribune.com.pk/story/505225/swiss-letter-the-end#comments</comments>
			<pubDate>Sun, 10 Feb 13 04:59:01 +0500</pubDate>
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				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Swiss authorities decline to reopen graft cases against Zardari.]]>
			</description>
			<content:encoded>
				<![CDATA[It’s a wrap.


It cost the PPP government three-odd years of standoff with the superior judiciary and a prime minister to write to make a request that they knew had little chances of being entertained.

Authorities in Switzerland declined on Saturday to reopen dormant graft cases against President Asif Ali Zardari, who, they said, enjoys international immunity against criminal prosecution.

Pakistan’s law ministry confirmed it has received a reply from Swiss authorities to a letter sent to Geneva on the orders of the Supreme Court.

The development is likely to be a major boost for the ruling Pakistan Peoples Party (PPP) and President Zardari himself.

“Yes, we’ve received the letter. I’ve not gone through it since it was received over the weekend. But I’ve been told that Swiss authorities have declined to reopen these cases [against President Zardari],” Law Secretary Yasmeen Abbasi told The Express Tribune.

Under the Supreme Court orders, the government had withdrawn two letters sent by former attorney general Malik Qayum to Swiss authorities in 2007 requesting them to drop cases against President Zardari. The letters were part of a deal struck between then military ruler Gen Pervez Musharraf and the PPP.

Musharraf had issued a controversial decree – the infamous National Reconciliation Ordinance (NRO) – dropping thousands of criminal cases against politicians and serving and retired government officials.

The ordinance was, however, challenged in the Supreme Court, which consequently struck it down and ordered the reopening of all cases.

Former Prime Minister Yousaf Raza Gilani was disqualified for his contemptuous refusal of the court orders to write to the Swiss letter. His successor, Raja Pervez Ashraf, however, managed to save his office after agreeing to write the letter.

According to reports, Swiss authorities responded in French and the letter was translated to English by the government. Furthermore, reports suggested that the Swiss authorities did not entertain the request and stated that being head of the state, President Zardari enjoys international immunity.

However, Secretary Abbasi, also a former judge, said, “These cases were closed on merit. We had given references of Malik Qayum’s letters.”

But she also confirmed electronic media reports that the Swiss authorities mentioned that President Zardari enjoyed international immunity.

Abbasi censured the judiciary saying that the courts should now realise they cannot render judgments for other countries. Abbasi was among those judges sacked by Chief Justice Iftikhar Muhammad Chaudhry for taking oath under the 2007 provisional constitution order (PCO) of Pervez Musharraf.

Less than a shock closure

The Express Tribune had reported over a year ago that Swiss cases against President Zardari could not be reopened, even if Pakistani authorities wrote a letter to the authorities.

In a news story, published on January 6, 2012, sources had quoted the Swiss attorney general as saying in April 2010 that the cases could not be revived due to lack of incriminating evidence and immunity enjoyed by President Zardari under international law.

Furthermore, the only conviction in the case was set aside in 2003 after it was appealed by former prime minister Benazir Bhutto and President Zardari.


Published in The Express Tribune, February 10th, 2013.]]>
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			<title>Swiss authorities say cases against Zardari cannot be reopened</title>
			<link>https://tribune.com.pk/story/505003/swiss-authorities-say-cases-against-zardari-cannot-be-reopened</link>
			<comments>https://tribune.com.pk/story/505003/swiss-authorities-say-cases-against-zardari-cannot-be-reopened#comments</comments>
			<pubDate>Sat, 09 Feb 13 16:43:07 +0500</pubDate>
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				<![CDATA[Law minister confirms receipt of response from Swiss authorities.]]>
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				<![CDATA[The Swiss government in a letter to the Pakistan Ministry for Law has said that graft cases against President Asif Ali Zardari cannot be reopened, Express News reported.

Law minister Farooq H Naek confirmed on Saturday that the Swiss authorities had responded to letters written by the Pakistan government last year on the instructions of Supreme Court.

Pakistan had sent the letter to Swiss authorities in November 2012. Pakistan’s mission in Geneva had been given advice from National Accountability Bureau (NAB) Prosecutor General KK Agha, who prepared the case while working as an additional attorney of Pakistan, the sources further informed The Express Tribune. At the time, Agha closely coordinated with then NAB chairman Nawid Ahsan – who sent letters to the Swiss attorney general under section 21 of the NAB Ordinance 1991 as well, requesting mutual legal assistance.

At the time eminent international law expert Ahmer Bilal Sufi maintained the chances that graft cases against President Zardari will be opened were ‘miniscule’.

“Swiss legal wizards will examine Islamabad’s request under local laws,” said Sufi, explaining that “in Switzerland, once an investigation against the accused is closed on the request of the aggrieved party, it becomes very difficult under local laws to entertain a request to reopen the case.”

His opinion seemingly supports the text of the Swiss letter as well, which states: “This is without prejudice to the legal rights and defences of presidents/heads of state which may be available under the law, constitution and international law.”]]>
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			<title>Letter controversy: ‘Bleak chance’ of reopening graft cases, says Swiss attorney</title>
			<link>https://tribune.com.pk/story/491996/letter-controversy-%e2%80%98bleak-chance%e2%80%99-of-reopening-graft-cases-says-swiss-attorney</link>
			<comments>https://tribune.com.pk/story/491996/letter-controversy-%e2%80%98bleak-chance%e2%80%99-of-reopening-graft-cases-says-swiss-attorney#comments</comments>
			<pubDate>Thu, 10 Jan 13 05:48:50 +0500</pubDate>
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				<![CDATA[zahid.gishkori]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Sources say no substantial grounds to charge president.]]>
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			<content:encoded>
				<![CDATA[Pakistan’s High Commission in Geneva informed the Presidency on Wednesday that there is a “bleak chance” of reopening of dormant graft cases against President Asif Ali Zardari under the existing local laws.


A senior official at the Presidency told The Express Tribune that a Swiss attorney, who is assisting Pakistan’s mission in Switzerland, communicated to the concerned diplomats in Switzerland that Islamabad’s request for reopening the corruption case against the president has “no substantial grounds”. Therefore, revival of Swiss cases against President Zardari seems unlikely, he said.

“The issue of reopening graft cases is almost finished now. It appears almost impossible for the Swiss attorney general to entertain Pakistan’s request regarding this issue,” said the senior official, who did not disclose the name of the local attorney who was providing legal assistance in the case.



Representative of Pakistan’s mission in Geneva hired services of a local attorney, who is currently assisting the attorney general of Switzerland, the official revealed.

“I cannot tell you the exact date of their [Swiss authorities] final observations over the letter. But our legal team believes their findings will come out by end of this month.”

“Yes, legal wrangling over the Swiss [letter] issue is now over,” Attorney General Irfan Qadir confirmed to The Express Tribune on Wednesday.  He, however, did not explain saying, “the issue is finished now.”



Meanwhile, Law Secretary Yasmin Abbasi said her ministry was yet to receive official correspondence from Swiss authorities or the Pakistan High Commission over the matter. She, however, endorsed Qadir’s point of view. “The matter should be in knowledge of the apex court which was also dealing with the case,” she said.

“I cannot say anything on the issue until I receive a written response from the Swiss attorney general,” she said. “Let’s wait for their [Swiss authorities’] response.”

On November 5, 2012, the government, on the directions of the Supreme Court dispatched the contentious letter to Swiss authorities for reopening graft cases against President Zardari who allegedly set aside millions in kickbacks earned illegally.

Published in The Express Tribune, January 10th, 2013.]]>
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			<title>Swiss authorities yet to reply to NRO letter: Naek</title>
			<link>https://tribune.com.pk/story/478225/swiss-authorities-yet-to-reply-to-nro-letter-naek</link>
			<comments>https://tribune.com.pk/story/478225/swiss-authorities-yet-to-reply-to-nro-letter-naek#comments</comments>
			<pubDate>Tue, 11 Dec 12 13:56:10 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Law minister says graft cases against President Zardari cannot be reopened till Swiss authorities respond.]]>
			</description>
			<content:encoded>
				<![CDATA[Federal Law Minister Farooq H Naek has said that the Swiss authorities have not yet replied to the government’s letter regarding reopening graft cases against President Asif Ali Zardari, reported Express News on Tuesday.
Naek was speaking to the media after attending a session of National Assembly’s Standing Committee on Law and Justice.
Replying to a question, the minister said that since the letter has not been replied to, graft cases against the president cannot be reopened.
In the National Reconciliation Ordinance (NRO) implementation case, the Supreme Court had ordered the government to write a letter to Swiss authorities. Former prime minister Yousaf Raza Gilani was also disqualified from his post when he failed to comply with the court orders.
The government had finally dispatched the letter around a month ago but has not received any response as yet.]]>
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			<title>NRO letter: A month later, govt still awaits Swiss reply</title>
			<link>https://tribune.com.pk/story/477572/swiss-letter-a-month-later-govt-still-awaits-swiss-reply</link>
			<comments>https://tribune.com.pk/story/477572/swiss-letter-a-month-later-govt-still-awaits-swiss-reply#comments</comments>
			<pubDate>Mon, 10 Dec 12 05:46:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Legal expert says chances are slim of cases being reopened against President Zardari.]]>
			</description>
			<content:encoded>
				<![CDATA[More than a month after it dispatched the contentious Swiss letter, the government still awaits a response from the Swiss authorities on the reopening of graft cases against President Asif Ali Zardari.

“We have yet to receive any response on the letter from the Swiss attorney general in Geneva,” Law and Justice Secretary Yasmin Abbasi told The Express Tribune on Sunday.

“We will of course seek the services of international lawyers in case the Swiss attorney general entertains Pakistan’s request and re-examines graft cases against President Zardari and other persons,” she added.



Currently, Pakistan’s ambassador in Geneva Zamir Akram and his legal director are coordinating with the Swiss authorities examining the letter’s content, law and justice ministry officials familiar with the matter told The Express Tribune. They added the ministry has also decided to send two senior officials to Switzerland to provide further legal assistance to the Pakistani mission.

The legal officers were unable to leave for Switzerland last week due to the unavailability of Law Minister Farooq H Naek following the death of one his family members.

The mission in Geneva has already received advice from National Accountability Bureau (NAB) Prosecutor General KK Agha, who prepared the case while working as an additional attorney of Pakistan, the sources further informed The Express Tribune. At the time, Agha closely coordinated with then NAB chairman Nawid Ahsan – who sent letters to the Swiss attorney general under section 21 of the NAB Ordinance 1991 as well, requesting mutual legal assistance.

Meanwhile, eminent international law expert Ahmer Bilal Sufi maintained the chances that graft cases against President Zardari will be opened were ‘miniscule’.

“Swiss legal wizards will examine Islamabad’s request under local laws,” said Sufi, explaining that “in Switzerland, once an investigation against the accused is closed on the request of the aggrieved party, it becomes very difficult under local laws to entertain a request to reopen the case.”

His opinion seemingly supports the text of the Swiss letter as well, which states: “This is without prejudice to the legal rights and defences of presidents/heads of state which may be available under the law, constitution and international law.”

Published in The Express Tribune, December 10th, 2012.]]>
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			<title>NRO implementation case: Receipt in hand, Naek wins clean slate for PM</title>
			<link>https://tribune.com.pk/story/466036/nro-implementation-case-receipt-in-hand-naek-wins-clean-slate-for-pm</link>
			<comments>https://tribune.com.pk/story/466036/nro-implementation-case-receipt-in-hand-naek-wins-clean-slate-for-pm#comments</comments>
			<pubDate>Thu, 15 Nov 12 04:47:49 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Contempt notice against premier withdrawn; court emphasises Malik Qayyum misused his authority.]]>
			</description>
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				<![CDATA[When Prime Minister Raja Pervaiz Ashraf came into power, few expected he would make it till the end of the incumbent government’s tenure. The premier can now, however, breathe a sigh of relief.


The Supreme Court retracted a contempt notice against Premier Ashraf on Wednesday after Law Minister Farooq H Naek appeared before the court and presented a receipt that Swiss authorities have received a letter pertaining to graft cases against President Asif Ali Zardari from Pakistan’s Ambassador in Switzerland.

Along with the receipt, Naek also presented Ashraf’s approval and the law ministry’s summary regarding the letter.

Heading the hearing, Justice Anwar Zaheer Jamali, who penned down the order, said that the government complied with the court’s directives, hence the contempt issue was disposed of by the court – which also withdrew proceedings against the federal government.

In an unusual expression of satisfaction, the court said in its written order that all related documents have been placed on record to show that Para 178 of the National Reconciliation Ordinance (NRO) judgment (which calls for a letter to Swiss authorities) has been complied with in entirety.

Naek’s media talk

Amidst this mood of reconciliation, Naek, who was speaking on the premises of the Supreme Court, triumphantly confirmed that the court had disposed of the contempt of court notice against Prime Minister Ashraf and said that the government has complied with directions given by the Supreme Court.

“We do not want any confrontation within institutions … We want all institutions to play while being in their crease ... Whenever the court issues orders, we comply with it. We want democracy to thrive in this country and don’t want it to derail.”

Malik Qayyum: New target?

With Premier Ashraf escaping the fate former premier Yousaf Raza Gilani couldn’t, the new focus of the NRO implementation case may be former attorney general Malik Qayyum. During Wednesday’s hearing, Justice Asif Saeed Khosa maintained that Malik Qayyum had misused his authority as the attorney general.

The National Accountability Bureau (NAB), on the other hand, initially seemed less than willing to pin the blame on Qayyum. When asked whether a reference was filed against Qayyum, the NAB prosecutor general said his organisation wanted its inquiry against Qayyum to be stopped, because the former attorney general had merely complied with government orders.

Justice Jamali, however, was not willing to let Qayyum off the hook so easily, pointing out that the government had detached itself from Qayyum’s letter and had retracted it while sending a new letter.

Succumbing to this line of argument, NAB authorities then agreed with the court that Qayyum’s act of writing the letter should be reassessed in light of the recent Asghar Khan and Anita Turab case – both of which emphasise that civil servants are not bound to comply with illegal orders.

The court then gave NAB till December 4 to decide its next step in the inquiry against Qayyum.

The graft cases against President Asif Ali Zardari were shelved in 2007 after the then attorney-general Qayyum wrote letters to the Swiss authorities following the promulgation of the NRO. The Supreme Court, however, scrapped the NRO in 2009 and declared that all cases closed under the defunct law stood open.

Published in The Express Tribune, November 15th, 2012.]]>
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			<title>NRO Implementation: SC orders NAB references against Gilani</title>
			<link>https://tribune.com.pk/story/466042/nro-implementation-sc-orders-nab-references-against-gilani</link>
			<comments>https://tribune.com.pk/story/466042/nro-implementation-sc-orders-nab-references-against-gilani#comments</comments>
			<pubDate>Thu, 15 Nov 12 04:44:10 +0500</pubDate>
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				<![CDATA[The bench maintained that the convicted people were given favour by Gilani.]]>
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				<![CDATA[Even after his dismissal from premiership, the National Reconciliation Ordinance (NRO) implementation case continues to haunt former prime minister Yousaf Raza Gilani.


While hearing the NRO case on Wednesday, Justice Anwar Zaheer Jamali observed that the National Accountability Bureau (NAB) was trying to save the people responsible and apparently the country’s highest office (then prime minister Gilani’s office) seemed to be involved in corruption – and asked for references to be filed against him.

The former prime minister misused his authority by appointing convicted people – including “jail bird” Adnan A Khwaja – at top national offices, the five-judge bench of the apex court observed.

The court termed Riaz Sheikh’s appointment as the additional director general of the Federal Investigation Agency (FIA) and Khawaja’s appointment as the managing director of the Oil and Gas Development Corporation (OGDC) an “important case”.

During the NRO implementation case, the Supreme Court had directed NAB to take action against Sheikh, Khwaja and other officials of the Establishment Division, Interior ministry and FIA who were involved in the illegal contractual appointment of Khawaja and illegal reinstatement and promotion of Sheikh.

However, NAB prepared references against three bureaucrats and the court on Wednesday questioned how a reference could be filed against subordinates only instead of the person who appointed them and took advantage of these appointments (Gilani).

The bench maintained that the convicted people were given favour by Gilani, saying that, as a jail fellow, the former premier was fully aware of the fact that Khawaja was a convicted person.

Meanwhile, NAB Prosecutor General KK Agha informed the court that no reference had been filed against Gilani. Agha tried to convince the court that there was no criminal intent of those who were involved in the appointment of the NRO beneficiaries.

“It is not NAB’s mandate to comment on the evidential part of this case and rather it should send references against the prima facie responsible persons to the courts,” Justice Ejaz Ahmad Khan ordered.

However, the court allowed NAB to incorporate its own version in the references that there was no criminal intent of the officials including the former premier, and then let the trial court decide the matter.

In response, NAB sought more time from the court to reconsider its earlier stance in these matters in light of Supreme Court’s recent judgments in the Asghar Khan and Anita Turab cases. In these judgments the court made it clear that no official is bound to obey illegal orders of the high ups.

The hearing was adjourned till December 4.


Published in The Express Tribune, November 15th, 2012.]]>
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			<title>NRO implementation: Gilani misused authority by appointing convicts, says SC</title>
			<link>https://tribune.com.pk/story/465524/nro-implementation-gilani-misused-authority-by-appointing-convicts-says-sc</link>
			<comments>https://tribune.com.pk/story/465524/nro-implementation-gilani-misused-authority-by-appointing-convicts-says-sc#comments</comments>
			<pubDate>Wed, 14 Nov 12 10:23:09 +0500</pubDate>
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				<![CDATA[Judge says NAB trying to save key respondents of the case.]]>
			</description>
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				<![CDATA[The Supreme Court observed that former prime minister Yousaf Raza Gilani misused his authority by appointing convicted people, including NRO beneficiaries Adnan Khwaja and Ahmed Riaz Sheikh, reported Express News on Wednesday.

A five-member bench, headed by Justice Anwar Zaheer Jamali, was hearing the National Reconciliation Ordinance (NRO) implementation case.

During the hearing, Justice Jamali remarked that the appointment of Khwaja as the managing director of the state-run Oil and Gas Development Corporation (OGDC) and of Sheikh as the additional director general of the Federal Investigation Agency (FIA) was an important case.

He maintained that the National Accountability Bureau (NAB) was trying to save the key respondents of the case and apparently, the country’s top officials seem to be involved in corruption.

He questioned how a reference could be filed against the people who were appointed instead of the person who appointed them, while Justice Khilji Arif maintained that the convicted people were given a favour by Gilani.

Prosecutor General NAB KK Agha informed the court that no reference has been filed against Gilani.

The hearing was adjourned till December 4.

In its NRO ruling, the Supreme Court had directed NAB to take action against Sheikh, Khwaja and officials of the Establishment Division, Interior ministry and FIA who were involved in the illegal contractual appointment of Khawaja and illegal reinstatement and promotion of Sheikh.

‘Malik Qayyum misused authority as AG’

Justice Asif Saeed Khosa, during the hearing of the case, maintained that Malik Qayyum had misused his authority as the attorney general.

NAB authorities informed the court that Qayyum’s letter written to Swiss authorities in 2007 should be reviewed in light of the Asghar Khan and Anita Turab case.

Justice Jamali remarked that the government had detached itself from Qayyum’s letter and had retracted it while sending a new letter.

When asked whether a reference was filed against Qayyum, the NAB prosecutor general said that NAB wants the inquiry against Qayyum to be stopped.

The graft cases against President Asif Ali Zardari were shelved in 2007 after the then attorney-general Malik Qayum wrote letters to the Swiss authorities following the promulgation of the NRO. The Supreme Court, however, scrapped the NRO in 2009 and declared that all cases closed under the defunct law stood open.]]>
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			<title>NRO implementation case: SC retracts contempt notice against PM</title>
			<link>https://tribune.com.pk/story/465474/sc-retracts-contempt-notice-against-pm-ashraf-disposes-of-nro-implementation-case</link>
			<comments>https://tribune.com.pk/story/465474/sc-retracts-contempt-notice-against-pm-ashraf-disposes-of-nro-implementation-case#comments</comments>
			<pubDate>Wed, 14 Nov 12 05:13:13 +0500</pubDate>
			<dc:creator>
				<![CDATA[sidrah.moiz]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=465474</guid>
			<description>
				<![CDATA[Law minister presents receipt validating that Swiss authorities received letter; court says govt complied with orders.]]>
			</description>
			<content:encoded>
				<![CDATA[Following the dispatch of the Swiss letter from the Federation, the Supreme Court on Wednesday retracted the contempt of court notice against Prime Minister Raja Pervaiz Ashraf in National Reconciliation Ordinance (NRO) implementation case, Express News reported.

Heading the hearing today, Justice Anwar Zaheer Jamali, who penned down the order, said that the government complied with the court’s directives of writing a letter to the Swiss authorities for reopening graft cases against President Asif Ali Zardari.

The contempt issue was disposed of by the court.

Law Minister Farooq H Naek appeared before the court and presented the receipt validating that the Swiss authorities have received the letter from Pakistan’s Ambassador in Switzerland.

Along with the receipt, Naek also presented Ashraf’s approval and law ministry’s summary regarding the letter.

Speaking on the premises of the Supreme Court, Naek said that Pakistan’s envoy in Switzerland sent his representative to Swiss authorities, who received the letter and issued him a receipt.

“The court has disposed of the contempt of court notice against Prime Minister Ashraf and said that the government has complied with directions given by the Supreme Court in paragraph 178 of its judgment dated December 16, 2009 in the case of Dr Mobashir Hasan,” said Naek.

The law minister said, “We do not want any confrontation within institutions… We want all institutions to play while being in their crease.”

Naek said that the envoy had forwarded all the documents which were presented before the court today, after which the court decided to conclude this aspect of the case and withdraw its contempt of court notice against Ashraf.

He said, “Whenever the court issues orders, we comply with it. We want democracy to thrive in this country and don’t want it to derail.”

Correction: An earlier version of the story incorrectly stated that the NRO implementation case has been disposed of, while only the contempt notice has been retracted. The error has been rectified.]]>
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			<title>Letter: written at last</title>
			<link>https://tribune.com.pk/story/462705/letter-written-at-last</link>
			<comments>https://tribune.com.pk/story/462705/letter-written-at-last#comments</comments>
			<pubDate>Thu, 08 Nov 12 17:13:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=462705</guid>
			<description>
				<![CDATA[We wonder why letter could not have been sent off earlier, saving a lot of debate, confusion, political instability.]]>
			</description>
			<content:encoded>
				<![CDATA[After a tussle lasting over three years between the judiciary and the executive, we are told that the letter seeking the reopening of corruption cases against President Asif Ali Zardari has finally been dispatched to the Pakistan mission in Geneva. From here, we assume it will be handed over to the Swiss authorities. A receipt showing the letter has been received in Geneva is to be presented to the Supreme Court on November 14, according to the law minister.

It is a relief that this long drawn-out affair seems finally to be over. What it means in real terms, though, is dubious, given that the letter contains a line specifically mentioning that the president is immune from action. This has also been pointed out by former prime minister Yousaf Raza Gillani, who said that this was precisely the line he took in his refusal to dispatch the letter. The contentious debate over the matter cost the jobs of one prime minister, two law ministers, four law secretaries and three attorney generals and several senior bureaucrats. One wonders if the whole issue was really worth all this.

The letter has been sent following presidential approval granted last week and direction from the prime minister to the ministry of foreign affairs, which posted the missive. As the Swiss have already indicated, if the principle of presidential immunity is accepted, the whole matter will then come under international law. The question then arises, what all the fuss was about in the first place? We also wonder why the letter could not have been sent off about three years earlier, saving us from a lot of debate, confusion and political instability as dire forecasts were made of an impending clash between institutions and a threat to the sitting government.

It is also hard to predict what will happen now. The handling of the matter by Geneva will be closely watched. There is every possibility matters will not go very fast, at least while President Zardari holds office. And this means we may have to wait a very long time to see anything concrete emerge from this.

Published in The Express Tribune, November 9th, 2012.]]>
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			<title>The letter saga: I’m vindicated, says Gilani</title>
			<link>https://tribune.com.pk/story/462515/the-letter-saga-i%e2%80%99m-vindicated-says-gilani</link>
			<comments>https://tribune.com.pk/story/462515/the-letter-saga-i%e2%80%99m-vindicated-says-gilani#comments</comments>
			<pubDate>Wed, 07 Nov 12 23:05:56 +0500</pubDate>
			<dc:creator>
				<![CDATA[qamar.zaman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=462515</guid>
			<description>
				<![CDATA[“It’s good that the court has accepted my standpoint,” says Gilani.]]>
			</description>
			<content:encoded>
				<![CDATA[While the government confirmed it has sent a letter to the Swiss authorities in compliance with the apex court order, former premier Yousaf Raza Gilani said the move “vindicated” the stance that cost him his premiership.


“I always said that the president enjoys immunity at national and international level … today’s development vindicated my stance,” said Gilani, referring to the Vienna Convention and Article 248 of Pakistan’s Constitution.

“It’s good that the [apex] court has accepted my standpoint,” Gilani told journalists after attending a conference on Application of Iqbalian Vision in 21st Century on Wednesday.

Asked about the stance that cost him his premiership and parliamentary membership, Gilani said, “It was not a personal decision.”

About the recent statements by the army chief and the chief justice, the former premier said every institution should remain within its jurisdiction defined in the Constitution.

US and Afghanistan

During the conference, Gilani, quoting Allama Iqbal, said “Peace in Afghanistan is a must for peace in Asia.”

He added that Pakistan could facilitate stabilization of Afghanistan because it’s “part of the solution since the stability of both nations is interlinked.”

“If there is peace in Afghanistan, Pakistan is the beneficiary. If there is peace in Pakistan, Afghanistan would be the beneficiary.”

Elaborating his comments, Gilani said US, Nato and other countries will leave the region eventually but Pakistan and Afghanistan have to live together forever and therefore have a bigger stake.

Published in The Express Tribune, November 8th, 2012.]]>
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			<title>NRO implementation: Govt finally dispatches the Swiss letter</title>
			<link>https://tribune.com.pk/story/462488/nro-implementation-govt-finally-dispatches-the-swiss-letter</link>
			<comments>https://tribune.com.pk/story/462488/nro-implementation-govt-finally-dispatches-the-swiss-letter#comments</comments>
			<pubDate>Wed, 07 Nov 12 22:57:08 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=462488</guid>
			<description>
				<![CDATA[Law minister reveals the letter was sent to the Pakistani embassy in Geneva on Monday.]]>
			</description>
			<content:encoded>
				<![CDATA[The government has finally dispatched the contentious letter to Swiss authorities for reopening graft cases against President Asif Ali Zardari, bringing nearly three years of legal wrangling between the executive and the country’s superior judiciary to an end.


“We dispatched the letter to the Swiss authorities on Monday (November 5, 2012),” confirmed Law and Justice Minister Farooq H Naek on Wednesday. Talking to The Express Tribune, he revealed that the letter was dispatched via the Ministry of Foreign Affairs to Pakistan’s embassy in Geneva, Switzerland.

“Zamir Akram (Permanent Representative of the Pakistani Mission in Geneva) or his representative will hand the letter to the Swiss Attorney General in Geneva,” Naek added. He explained that the Pakistan envoy will take a receipt from the Swiss Attorney General’s office after the latter receives the letter.

Akram will very likely receive the letter today (November 8) or tomorrow, officials dealing with the matter further informed The Express Tribune. They said the law ministry will then receive the receipt, either through fax or scans of the document, by Monday (November 12).

“The receipt will finally be submitted to the apex court on November 14,” Naek concluded.

Sharing details with The Express Tribune, law ministry officials said the text of the much-awaited letter is the same as that agreed between the law minister and the Chief Justice of Pakistan. It states:

“This is with reference to the letter dated May 22, 2008 addressed by Malik Mohammad Qayyum, the then attorney general of Pakistan to Daniel Zappelli, Attorney General, Geneva, Switzerland. In view of the directions given by the Supreme Court of Pakistan in paragraph 178 (copy attached as Annex-I) of its judgment dated December 16, 2009 in the case of Dr Mobashir Hasan… the aforesaid letter is hereby withdrawn and may be treated as [it had] never [been] written… therefore, the revival of requests, status and claims is sought. This is without prejudice to the legal rights and defences of the presidents/heads of state which may be available under the law, constitution and international law.”

On October 21, a nearly three-year-long standoff between the government and the Supreme Court concluded after Prime Minister Raja Pervaiz Ashraf gave Naek the go-ahead for dispatching the letter to Swiss authorities. Earlier, on October 10, the apex court had given the government a four week deadline for sending the letter.

Last week, President Zardari finally approved the decision.

Along with former premier Yousaf Raza Gilani, two law ministers, four law secretaries and three attorney generals, along with several other senior government officials, have lost their offices in the tussle over the ‘Swiss letter’. The tussle started after the apex court declared former president Pervez Musharraf’s National Reconciliation Ordinance unconstitutional.

Published in The Express Tribune, November 8th, 2012.]]>
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			<title>Swiss letter written, sent via Foreign Office on November 5: Report</title>
			<link>https://tribune.com.pk/story/462134/swiss-letter-written-sent-via-foreign-office-on-november-5-report</link>
			<comments>https://tribune.com.pk/story/462134/swiss-letter-written-sent-via-foreign-office-on-november-5-report#comments</comments>
			<pubDate>Wed, 07 Nov 12 09:24:13 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=462134</guid>
			<description>
				<![CDATA[The court approved the draft on October 10 and the federation was given a 4-week deadline.]]>
			</description>
			<content:encoded>
				<![CDATA[The letter to Swiss authorities for reopening graft cases against President Asif Ali Zardari, was written and sent through the Foreign Office on November 5, Express News reported the state television channel as saying on Wednesday.

In September, after months of sparring, the executive and the judiciary deadlock saw a breakthrough when Prime Minister Raja Pervaiz Ashraf agreed to write the letter, and assigned the task to Law Minister Farooq H Naek.

After weeks of delay and corrections, the country’s top court had approved the Swiss letter draft submitted on October 10.

On the appeal of Law Minister Farooq H Naek, the federation was given till November 10 to send the letter to Swiss authorities.

Prime Minister Raja Pervaiz Ashraf had directed Naek to dispatch the letter, indicating further progress since the Supreme Court gave the government draft of the letter a final nod.

Attorney General of Pakistan Irfan Qadir, however, had said one day earlier that he had not yet received any directions to write the letter to Swiss authorities.]]>
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			<title>AG denies receiving directions for writing Swiss letter</title>
			<link>https://tribune.com.pk/story/461139/ag-denies-receiving-directions-for-writing-swiss-letter</link>
			<comments>https://tribune.com.pk/story/461139/ag-denies-receiving-directions-for-writing-swiss-letter#comments</comments>
			<pubDate>Mon, 05 Nov 12 16:00:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=461139</guid>
			<description>
				<![CDATA[Attorney general says if the letter has to be written, it will be done in accordance with the law and Constitution.]]>
			</description>
			<content:encoded>
				<![CDATA[Attorney General of Pakistan Irfan Qadir said that he has not yet received any directions to write the letter to Swiss authorities for reopening graft cases against President Asif Ali Zardari, reported Express News.

The attorney general while speaking to the media outside the Supreme Court on Monday, said that no one can direct him to write the letter, and if it has to be written, it will be done in accordance with the law and the Constitution.

He added that the government has the right to seek advice regarding the letter.

In September, after months of sparring, the executive and the judiciary deadlock saw a breakthrough when Prime Minister Raja Pervaiz Ashraf agreed to write the letter, and assigned the task to Law Minister Farooq H Naek.

The apex court gave a four-week deadline to the government on October 10 this year for dispatching a letter to revive the Swiss cases.]]>
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			<title>PM gives go-ahead for dispatching Swiss letter</title>
			<link>https://tribune.com.pk/story/455012/pm-gives-go-ahead-for-dispatching-swiss-letter</link>
			<comments>https://tribune.com.pk/story/455012/pm-gives-go-ahead-for-dispatching-swiss-letter#comments</comments>
			<pubDate>Mon, 22 Oct 12 05:23:17 +0500</pubDate>
			<dc:creator>
				<![CDATA[zahid.gishkori]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=455012</guid>
			<description>
				<![CDATA[Law minister now to receive nod from president by first week of November.]]>
			</description>
			<content:encoded>
				<![CDATA[Prime Minister Raja Pervaiz Ashraf has directed Law Minister Farooq H. Naek to dispatch a letter to Swiss authorities calling for the revival of cases against President Asif Ali Zardari on Sunday, indicating further progress since the Supreme Court gave the government draft of the letter a final nod. 


After the meeting between Naek and Ashraf, officials familiar with the matter told The Express Tribune that the law minister will meet President Zardari on either November 5 or November 6 to receive a go-ahead for dispatching the letter through the ministry of foreign affairs.

“The letter will most likely be dispatched in the second week of November,” said a senior official of the law ministry. The apex court gave a four-week deadline to the government on October 10 this year for dispatching a letter to revive the Swiss cases and withdraw the previous letter written by the then attorney general, Malik Qayyum.

The letter says: “In view of the directions given by the Supreme Court of Pakistan in Paragraph 178 (copy attached as Annex-I) of its judgment dated 16th December 2009 in the case of Dr Mobashir Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims.”

The law ministry will send the drafted documents to the foreign affairs ministry on November 7, keeping in view the apex court’s order, added the official. To a question regarding the president’s immunity, the official told The Express Tribune that the drafted letter did point out the immunity of the president of the state.

“This is without prejudice to the legal rights and defences of the presidents/heads of state which may be available under the law, Constitution and international law,” he quoted the draft of the letter as stating.

The apex court also directed Naek to produce before it, on the next date of hearing, proof that the attorney general in Geneva, Switzerland, had received the letter.

Published in The Express Tribune, October 22nd,  2012.

&nbsp;]]>
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			<title>Analysis: Why Ashraf was saved, and Gilani left for dead</title>
			<link>https://tribune.com.pk/story/450512/analysis-why-ashraf-was-saved-and-gilani-left-for-dead</link>
			<comments>https://tribune.com.pk/story/450512/analysis-why-ashraf-was-saved-and-gilani-left-for-dead#comments</comments>
			<pubDate>Thu, 11 Oct 12 22:16:24 +0500</pubDate>
			<dc:creator>
				<![CDATA[gibran.peshimam]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=450512</guid>
			<description>
				<![CDATA[One theory has it that Supreme Court was not very keen on knocking off another premier after showing Gilani the door.]]>
			</description>
			<content:encoded>
				<![CDATA[Yousaf Raza Gilani was short-changed.


Even if one considers that the Pakistan Peoples Party (PPP) has mastered the art of the unexpected under the leadership of Asif Ali Zardari, the events of recent days are confounding.

Until a few months ago, writing a letter to Swiss authorities to effectively reignite Pakistan’s interest in graft cases against President Zardari was a point of contention so great that a prime minister was sacrificed in the resistance effort.

In fact, another one of the king’s (former) men, former law minister Babar Awan, also fell as a result of this case, while PPP’s legal ace, Aitzaz Ahsan, was cut down to size after being made to defend a knowingly unwinnable and untenable stand, and given strict political parameters that often forced him to make absurd arguments and statements, both in court and outside. It must have been difficult for him. But what was it for? So that Naek could have taken the credit later?

Either due to circumstances, or his limited political standing, the man brought in as the new prime minister was almost universally accepted to be a temporary arrangement; another sacrifice.

The signs were aplenty. Even while the government consented to writing the letter late last month, under the fresh legal guidance of Farooq H Naek, friction was observed over the wording of the letter. Later, the government challenged the show-cause given to the Prime Minister Ashraf – giving rise to speculation that this was just another delay tactic by the government.

The court’s renewed belligerence, threatening to restart the contempt process against Premier Ashraf, only gave this more credence.

But that didn’t happen. Law Minister Naek’s draft letter was accepted on Wednesday.

What changed?

One theory has it that the Supreme Court was not very keen on knocking off another premier after showing Yousaf Raza Gilani the door. Having already made their point, the judiciary was willing to be softer in its stance. This school of thought pointed to Justice Asif Saeed Khosa’s statements during the hearings that the court was not keen on dismissing another premier, and that the bench was keen on resolving this issue.

This theory fails to answer why the government would not readily exploit the court’s hesitation. In fact, the draft letter, at least what has been shown publically, isn’t very, if at all, different from what the court wanted in the first place. It is hardly a reprieve – especially relative to what all was sacrificed. It mentions presidential immunity. That is all.

Aitzaz could have done this easily, and Gilani would have kept his job. In fact, a week before Gilani was disqualified, The Express Tribune ran a story on its front page stating that the letter would, in fact, be written in coming days. The story was from immaculate PPP sources.

But the letter never came. There was a sudden change of heart. Instead, Gilani was told that the line was that the letter, under no circumstances, would be written. There was no room for negotiation.

Gilani followed, and ultimately was booted from office and shunned from electoral politics for five years. The one thing that he took with him, political martyrdom, also stands diluted given that the PPP ultimately wrote a letter – without much fuss. Once in the forefront, even after his removal, Gilani has now floated into obscurity – angered statements against the courts appearing once in a while.

The euphoria of his great sacrifice has died down.

Why?

You see, there is a fundamental difference between Gilani and Ashraf: The man from Multan had a price on his head.

Remember his audacious and fiery outbursts against the army, against the army chief, against the judiciary and the chief justice? Outbursts that were not only limited to political gatherings and meetings, but made on the floor of the National Assembly, and carried as banner headlines in newspapers, and breaking news on television.

Remember that Gilani interview to a Chinese newsagency, which caused immense embarrassment to the army and ISI chiefs?  Right after his fiery outbursts, remember his unceremonious sacking of Defence Secretary Lt-Gen (retd) Naeem Khalid Lodhi – a man considered a close friend of the top brass of the GHQ?

These things don’t go unpunished, not in Pakistan. The pressure on President Zardari was probably great. He president didn’t want to sack Gilani. That would be too blatant. So the plan to write the letter was shelved; Gilani left to the mercy of the court, not allowed to write the letter that Naek and Raja Pervaiz ultimately did. The consequences were known to all; the reasons, perhaps not.

A man who had ventured new territory in terms of taking a stand for parliament while in the top office of the country, Gilani has probably realised that his party, his co-chairman, bartered him for political expediency. They turned their backs on him. Instead, they brought in a compliant replacement.

And those who Gilani offended now hound his son.

Did he know? Did Aitzaz know? The frenzied meetings between the PPP’s leadership and Gilani after the court accepted the draft letter suggest that he probably didn’t.

Another masterstroke by the president; another willing sacrifice by the PPP at the altar of undemocratic forces.

Published in The Express Tribune, October 12th, 2012.]]>
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			<title>The end?: Thumbs up for Naek’s Swiss letter</title>
			<link>https://tribune.com.pk/story/449920/the-end-thumbs-up-for-naek%e2%80%99s-swiss-letter</link>
			<comments>https://tribune.com.pk/story/449920/the-end-thumbs-up-for-naek%e2%80%99s-swiss-letter#comments</comments>
			<pubDate>Wed, 10 Oct 12 21:42:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=449920</guid>
			<description>
				<![CDATA[SC accepts draft seeking revival of cases against president, mentions immunity as international norm.]]>
			</description>
			<content:encoded>
				<![CDATA[The judiciary and the executive abandoned their maximalist positions on the Swiss letter and finally met halfway through on Wednesday.

The Supreme Court approved a draft letter submitted by Law Minister Farooq H Naek which seeks revival of all closed cases pending before Swiss authorities against President Asif Ali Zardari and co-accused, but also mentions presidential immunity.

The approved draft states that former attorney general Malik Qayyum’s letter to his counterpart in Geneva, stating that the federation of Pakistan does not seek to be a party in cases involving the Pakistan Peoples Party (PPP) co-chairman and his family, be retracted and considered “never written.”

The ruling PPP has taken around three years to implement the court order in the National Reconciliation Ordinance (NRO) case. The party lost one prime minister in this legal battle before conceding that the former attorney general’s correspondence with Swiss authorities was illegal.

Legal experts say the “middle way” worked in this highly-public tiff as the court allowed the federal government to mention presidential immunity as an international norm, and the government withdrew from mentioning Article 248 of Pakistan’s Constitution specifically.

Last month, after years of sparring, the executive and  the judiciary deadlock saw a breakthrough when Prime Minister Raja Pervaiz Ashraf agreed to write the letter, and assigned Law Minister Naek to complete the task.

Issue resolved

Justice Asif Saeed Khosa, head of the five-member NRO judgment implementation bench of the apex court, announced they are almost at the conclusion of the issue.

The bench appreciated the role of Law Minister Naek in resolving the issue, and said he served the national interest.

Naek also appeared relaxed at the breakthrough. He requested the court to retract the contempt notice issued to Prime Minister Raja Pervaiz Ashraf, to which Justice Khosa said the letter issue should be resolved in its entirety first.

Upon Justice Khosa’s inquiry, the law minister said the letter would first be translated into French, and then sent through the Foreign Office. He requested four weeks to complete the task, and was granted the same. The hearing was adjourned till November 14.

Wednesday’s court order states that proof of actual receipt of the communication by the Attorney-General of Geneva should be produced before the court on the next date of hearing.

The bench also asked Naek to place on the record of this case copies of the summary for the prime minister, the premier’s order authorising Naek, the authorisation letter, and the final letter dispatched to Switzerland.

Meanwhile, the review petition against court order, filed on Tuesday, was dismissed by the court. Experts said it was filed as a bargaining chip anyway, and the law minister did not press on it either, once all issues related to the draft letter were resolved.

Trial of the president

Would the president face a trial before Swiss authorities?

No, said Naek and Aitzaz Ahsan, former premier Yousaf Raza Gilani’s lawyer, while talking to the media.

Naek said no trial would be held because there is no case in “that country’s court.”

“There was no case there in the past, there is no case now and nor will there be any case in the future; hence a trial is out of question,” Naek said.

He added that there had only been investigations.

“The letter states that Malik Qayyum’s letter be withdrawn and our reservations are without prejudice to the rights, the legal rights, to the defences of the presidents/heads of state, under the law, under the constitution and under the international law,” Naek said.

Behind closed doors

At the outset of the hearing, the five-member bench had retreated to the judges’ chambers to deliberate over the draft submitted.

Justice Khosa read the draft aloud in court after returning from the chambers, and said the letter is ready to be sent to Swiss authorities.

What happened behind closed doors, journalists asked Naek.“They summoned me as a law minister and expressed their reservations, and I expressed mine and the federation’s,” Naek said.

He added that everything was done with transparency.

Judges were strict back then

Barrister Aitzaz Ahsan, the counsel of deposed prime minister Yousaf Raza Gilani, said the judges were strict and no similar option was presented to him when he was arguing this case.

He said he was happy to see the court adopted his arguments regarding the federal government’s concern about presidential immunity.

He said he believes President Zardari will not face trial, and indicated that former premier Gilani has legal remedy to challenge his disqualification on grounds that his concern was not considered at that time.

Published in The Express Tribune, October 11th, 2012.]]>
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			<title>Full text of Supreme Court order in Swiss letter case</title>
			<link>https://tribune.com.pk/story/449529/full-text-of-supreme-court-order-in-swiss-letter-case</link>
			<comments>https://tribune.com.pk/story/449529/full-text-of-supreme-court-order-in-swiss-letter-case#comments</comments>
			<pubDate>Wed, 10 Oct 12 09:03:08 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Contempt proceedings against Raja Pervez Ashraf in pursuance of court’s order dated 08.08.2012.]]>
			</description>
			<content:encoded>
				<![CDATA[IN THE SUPREME COURT OF PAKISTAN
(Original Jurisdiction)
 

PRESENT:

Mr. Justice Asif Saeed Khan Khosa

Mr. Justice Ejaz Afzal Khan

Mr. Justice Ijaz Ahmed Chaudhry

Mr. Justice Gulzar Ahmed

Mr. Justice Muhammad Ather Saeed

 

 

Criminal Original Petition No. 74 of 2012

In

Suo Motu Case No. 04 of 2010

(Contempt proceedings against Raja Pervez Ashraf, Prime Minister of Pakistan / Chief Executive of the Federation, in pursuance of this Court’s order dated 08.08.2012)

For the Respondent:                Mr. Farooq H. Naek,

Federal Minister for Law and Justice

Mr. Irfan Qadir,

Attorney-General for Pakistan     with Mr. Dil Muhammad Khan Alizai, Deputy Attorney-General for Pakistan

Date of hearing:                       10.10.2012
ORDER
 
 
Asif Saeed Khan Khosa, J.:    As directed by this Court on 18.09.2012 and as instructed and authorized by the Prime Minister of Pakistan in that respect on the said date Mr. Farooq H. Naek, Federal Minister for Law and Justice, had produced before us on 25.09.2012 the required authorization mentioned in the order dated 18.09.2012 and a draft of the communication to be addressed and dispatched by the Government of Pakistan to the Attorney-General, Geneva, Switzerland in compliance of the direction contained in paragraph No. 178 of the judgment handed by this Court in the case of Dr. Mubashir Hassan v. Federation of Pakistan (PLD 2010 SC 265). We had perused the draft communication on that day and had required Mr. Naek to improve the same so as to meet the requirements of paragraph No. 178 of the above mentioned judgment and the hearing of the matter was adjourned at his request to 26.09.2012. He had then produced an altered draft of the communication on 26.09.2012 and after perusal and consideration of the same we had found the same to be still deficient upon which he had sought time till 05.10.2012 to improve the draft further so as to meet the requisite requirements. Some aspects of the draft produced by Mr. Naek on 05.10.2012 also needed to be attended to and, thus, the matter was adjourned at his request till today. Mr. Naek has produced an amended draft before us today which is reproduced below:
Attorney General                                 Islamabad     October 2012

Geneva,

Switzerland
Re:       PP/11105/1997 and CP 289/97.
Dear Sir,

This is with reference to the letter dated 22nd May 2008 addressed by Malik Mohammad Qayyum, the then Attorney General of Pakistan to Mr. Daniel Zappelli, Attorney General, Geneva, Switzerland.

In view of the directions given by the Supreme Court of Pakistan in Paragraph 178 (copy attached as Annex-I) of its Judgment dated 16th December 2009 in the case of Dr. Mobashir Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims, is sought.

This is without prejudice to the legal rights and defences of the Presidents/Heads of State which may be available under the law, constitution and international law.
Yours sincerely
Justice (R) Yasmin Abbasey
Secretary

We find that the proposed communication conforms to the requirements of paragraph No. 178 of the judgment of this Court rendered in the case of Dr. Mubashir Hassan and it also addresses the relevant concerns of the Government of Pakistan voiced before this Court by the Prime Minister on 18.09.2012.

2.       Mr. Naek has informed us that the relevant communication shall be dispatched to Switzerland through the Foreign Office and the same shall be delivered to the Attorney-General, Geneva, Switzerland by the Ambassador of Pakistan in Switzerland or his representative and the process is likely to take about four weeks. Let the needful be done by the Government of Pakistan within a period of four weeks from today and proof of actual receipt of the said communication by the Attorney-General, Geneva, Switzerland be produced before the Court on the next date of hearing. In the meanwhile Mr. Naek shall place on the record of this case a copy of the relevant summary for the Prime Minister, a copy of the Prime Minister’s order regarding authorization, a copy of the authorization and a copy of the actual letter/communication (with its diary number, date and signatures) dispatched to Switzerland.

3.       Adjourned to 14.11.2012.
Judge
Judge                             Judge

Judge                             Judge

Islamabad

10.10.2012

Arif]]>
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			<title>NRO case: Swiss letter gets SC go-ahead</title>
			<link>https://tribune.com.pk/story/449507/nro-case-law-minister-submits-swiss-letter-draft-in-sc-again</link>
			<comments>https://tribune.com.pk/story/449507/nro-case-law-minister-submits-swiss-letter-draft-in-sc-again#comments</comments>
			<pubDate>Wed, 10 Oct 12 05:04:54 +0500</pubDate>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=449507</guid>
			<description>
				<![CDATA[Court gives federation November 10 deadline for sending letter to Swiss authorities.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court of Pakistan approved the Swiss letter draft submitted by the law minister which states that proceedings in Swiss courts will be conditional to the immunity granted to the president, Express News reported on Wednesday.

The draft also stated that Malik Qayyum's letter written to the attorney general of Geneva be retracted and considered "never written".

Restoration of legal assistance was also a point made in the draft.

As per the court’s directives, Law Minister Farooq H Naek submitted a new Swiss letter draft in the Supreme Court in today's hearing.

Naek also requested the court to retract the contempt of court notice issued to Prime Minister Raja Pervaiz Ashraf to which Justice Khosa told him to let this matter be resolved first.

When Khosa inquired how long it would take for the letter to be sent, the law minister said that it needed to be translated into French first and would be sent through the Foreign Office.

Naek requested for four weeks' time which was granted by the court.

The hearing was adjourned till November 15.

Speaking to the media after the hearing, Naek said that the court had given a November 10 deadline to the federation for sending the letter to authorities.

"Today, para 178 of the  case of Dr Mubashir Hasan has been implemented," said Naek, adding that four weeks had been granted for sending the letter.

"The letter states that Malik Qayyum's letter be withdrawn and our reservations are without prejudice to the rights, the legal rights, to the defenses of the president of Pakistan, to the heads of state, under the law, under the constitution and under the international law," Naek told the media.

He also said that no trial was being held, because there was no case in "that country's court".

"There was no case there in the past, there is no case now and nor will there be any case there in the future; hence a trial is out of the question," he said, adding that there had only been investigations and no case had proceeded in any court there.

Answering queries of national wealth being looted, Naek said that nothing of the sort had happened.

When asked what had happened behind closed doors, he said that everything had been done with transparency and no under-handedness had taken place.

"They summoned me as a law minister and expressed their reservations and I expressed mine and the federation's," said Naek.

During the hearing, the five-member bench had retreated to the judges’ chambers to deliberate over the draft submitted.

Justice Asif Saeed Khosa, who is heading the bench, read the draft aloud in court after returning from the chambers and deemed the letter ready to be sent to Swiss authorities.

In the previous hearing, the bench was convinced of the changes in the first two paragraphs of the revised letter; however, it expressed concern at the last paragraph, saying that it contradicted the first two paragraphs.

The government had also challenged the apex court on the process of drafting and sending the communiqué.

The move came after weeks of extensive consultations on several drafts of the letter, some behind closed doors – and a day before the fourth deadline set by the court for writing to Swiss authorities to seek the revival of graft cases against President Asif Ali Zardari.

Last month, after years of sparring, the executive and the judiciary deadlock saw a breakthrough when Prime Minister Raja Pervaiz Ashraf agreed to write the letter, and assigned the task to Law Minister Farooq H Naek.

Full text of the letter:
Attorney General                                                          Islamabad October 2012

Geneva,

Switzerland
Re: PP/11105/1997 and CP 289/97.
Dear Sir,

This is with reference to the letter dates 22nd May 2008 addressed by Malik Mohammad Qayyum. The then Attorney General of Pakistan to Mr Daniel Zappelli, Attorney General, Geneva, Switzerland.

In view of the directions given by the Supreme Court of Pakistan in Paragraph 198 (copy attached as Annex-I) of its judgment dated 16th December 2009 in the case of Dr Mobashir Hasan, reported as PLD 2010 SC 265, the aforementioned letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims, is sought.

This is without prejudice to the legal rights and defences of the Presidents/ Heads of State which may be available under the law, constitution and international law.
The full text of the Supreme Court's order in the Swiss letter case can be viewed here.]]>
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			<title>Swiss letter: Government challenges four steps outlined by SC</title>
			<link>https://tribune.com.pk/story/449078/swiss-letter-government-challenges-four-steps-outlined-by-sc</link>
			<comments>https://tribune.com.pk/story/449078/swiss-letter-government-challenges-four-steps-outlined-by-sc#comments</comments>
			<pubDate>Tue, 09 Oct 12 10:32:52 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=449078</guid>
			<description>
				<![CDATA[SC had given orders regarding Swiss letter on September 18, government says court is stepping out of its jurisdiction.]]>
			</description>
			<content:encoded>
				<![CDATA[The government has challenged four steps defined by the Supreme Court on September 18 which outlined the process of writing the letter to Swiss authorities for reopening of graft cases against President Asif Ali Zardari, reported Express News on Tuesday.

The federation submitted an application in the apex court challenging the four steps. The government maintained that the court was stepping out of its jurisdiction with these demands.

The letter-writing process consists of four steps:

Step 1: An authorisation letter will be issued to the law minister tasking him to write the letter.

Step 2: The draft of the letter will be cleared by the Supreme Court after a review.

Step 3: The mode of sending the letter will be decided – either by a special messenger or by courier.

Step 4: A receipt will be submitted to the Supreme Court confirming that the letter has been sent to the Swiss authorities in Geneva.

The next hearing for the National Reconciliation Ordinance (NRO) implementation case is scheduled for tomorrow.]]>
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			<title>Behind closed doors: What has the govt been writing in the Swiss letter?</title>
			<link>https://tribune.com.pk/story/448195/behind-closed-doors-what-has-the-govt-been-writing-in-the-swiss-letter</link>
			<comments>https://tribune.com.pk/story/448195/behind-closed-doors-what-has-the-govt-been-writing-in-the-swiss-letter#comments</comments>
			<pubDate>Sun, 07 Oct 12 04:39:54 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=448195</guid>
			<description>
				<![CDATA[Contents of the three drafts have yet to be made public.]]>
			</description>
			<content:encoded>
				<![CDATA[For years, the government and the judiciary have been wrangling over it. Now that the government has agreed to finally draft it, what have they been scribbling in the notorious Swiss letter?


Details of the three drafts of the letter, that the government intends, though reluctantly, to send to Swiss authorities, have yet to be made public, but insiders have revealed some details.

In the first draft submitted before the Supreme Court on September 25, the letter sought withdrawal of former attorney general Malik Muhammad Qayyum’s letter of May 22, 2008, wherein Qayyum sought withdrawal of graft cases against President Asif Ali Zardari.

There was no mention of revival of shelved cases, and mutual assistance by the government of Pakistan, in this draft though.

The court raised objections over the contents of the first draft and held a meeting with the law minister, Farooq H Naek, behind closed doors. The five-judge bench, headed by Justice Asif Saeed Khosa, granted the government 48 hours to redraft the contents of the letter, in line with para 178 of the Supreme Court judgment on the defunct National Reconciliation Ordinance (NRO).

The second draft of the letter, submitted on September 26, sought revival and restoration of mutual assistance but the government discussed the history of cases and said all cases were fabricated and politically motivated.

The draft also mentioned that honouring international customary laws regarding immunity from prosecution for a head of state are also obligatory for Swiss authorities.

The court, again, was not happy with these amendments and asked Naek during a closed-door meeting that these wordings were not suitable “for court’s dignity” and do not fulfill the requirements of the NRO verdict passed by a 17-judge bench of the apex court in 2009.

Naek was barred from writing a letter with “conclusive judgment” by the government, according to government’s legal experts.

This time, the law minister got a long adjournment for a “meaningful” consultation on the issue with the prime minister and other stakeholders.

The court, however, was not comfortable with the delaying tactics employed, and adjourned the hearing till October 5, albeit with a warning.

“Any further delay may impinge upon bona fide of the federal government, prompting us to proceed in the matter of contempt of court case against the prime minister forthwith,” read a short order on September 26th.

In the third draft of the letter, submitted on October 5, the government removed some of the “objectionable” content but also included its public claim, for the first time on court’s record, that the president enjoys immunity from prosecution under article 248 (2) of the Constitution.

The court raised objections over the letter again, but this time expressed some satisfaction as well, saying the two sides are inches away from a perfect solution which upholds the dignity of the courts.

The court was optimistic, saying the remaining issues will be resolved as well. The law minister, however, made it clear to the court that he will not make any commitment for further improvement in the draft.

Sources in the law ministry told The Express Tribune that no headway is expected on the government’s side because President Zardari has tasked Naek to not backtrack from the presidential immunity clause.

Published in The Express Tribune, October 7th, 2012.]]>
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			<title>Drafting a letter</title>
			<link>https://tribune.com.pk/story/447916/drafting-a-letter</link>
			<comments>https://tribune.com.pk/story/447916/drafting-a-letter#comments</comments>
			<pubDate>Sat, 06 Oct 12 19:05:09 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=447916</guid>
			<description>
				<![CDATA[We are reaching a point where it is important that the issue is resolved as soon as possible.]]>
			</description>
			<content:encoded>
				<![CDATA[The matter of the letter which is to be written to the Swiss authorities continues to linger on. It has already consumed a great deal of national energy, in terms of the drain on the people, the sense of uncertainty generated and the amount of time the government has wasted on this. While the matter is undoubtedly a significant one, involving key cases, initially shelved under General (retd) Pervez Musharraf’s controversial National Reconciliation Ordinance, we have to wonder if the time taken up by the whole affair could have been better spent elsewhere, given that we still see no definite results, while the threat of institutional discord remains. We have lived with this state of affairs for months.

The issue — which could lead to yet another prime minister being shown the door — hangs now on the question of quite what the letter should say. An initial draft was rejected by the Supreme Court and the new one presented on October 5, the latest deadline that was set by the Court, also, does not completely live up to its expectations. While the law minister has been able to win another five days of reprieve for the prime minister, by stating that he would attempt to have the offending third paragraph amended, he has made no absolute promise that this will be possible. The clash we have been warned about for months, between the executive and the judiciary, is therefore, still possible. We do not know where and when this tussle will end. The contested contents of the letter have not been made public, so we do not quite know what the entire debate is about or what the main issues at hand are.

Nonetheless, we are reaching a point where it is important that the issue is resolved as soon as possible. It has created instability that has persisted for a very long time indeed, and has already seen one prime minister make an exit. We need things to settle down so that the affairs of the country receive no further jolts. This is not the time to foster even more political uncertainty when the country can ill-afford it.

Published in The Express Tribune, October 7th, 2012. ]]>
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			<title>SC reached a cul de sac after convicting Gilani: Aitzaz Ahsan</title>
			<link>https://tribune.com.pk/story/443498/sc-reached-a-cul-de-sac-after-convicting-gilani-aitzaz-ahsan</link>
			<comments>https://tribune.com.pk/story/443498/sc-reached-a-cul-de-sac-after-convicting-gilani-aitzaz-ahsan#comments</comments>
			<pubDate>Thu, 27 Sep 12 16:23:21 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=443498</guid>
			<description>
				<![CDATA[Aitzaz says if letter to Swiss authorities is written on SC's dictation then complications could arise.]]>
			</description>
			<content:encoded>
				<![CDATA[Pakistan Peoples Party (PPP) stalwart Senator Aitzaz Ahsan claimed that the Supreme Court had reached a cul-de-sac after convicting former prime minister Syed Yousaf Raza Gilani in the National Reconciliation Ordinance (NRO) implementation case and now wanted an acceptable solution of writing a letter to Swiss authorities.

Talking to reporters at the Lahore High Court on Thursday, Aitzaz – who was Gilani’s counsel in the NRO case – maintained that he was not sure whether the letter will be written or not. He said that the concessions being extended to incumbent Prime Minister Raja Pervez Ashraf was commendable but, noted that his predecessor Gilani was not extended any such concessions by the apex court.

Aitzaz added that even with Ashraf, the SC was now left with the option of sending another prime minister home, but this has become difficult for it.

Replying to a question about the draft of the letter, Aitzaz said that he had not seen it but still had some reservations on it. He added that if the letter is written on the dictation of the Supreme Court then there will be many complications.

Aitzaz also dispelled an impression that the presidency and the Supreme Court had an understanding on ousting Gilani. “There was no such understanding between them,” he clarified.]]>
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			<title>SC to proceed with contempt charges if Swiss letter not written by Oct 5</title>
			<link>https://tribune.com.pk/story/442648/law-minister-resubmits-swiss-letter-draft-in-sc</link>
			<comments>https://tribune.com.pk/story/442648/law-minister-resubmits-swiss-letter-draft-in-sc#comments</comments>
			<pubDate>Wed, 26 Sep 12 05:40:23 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Law Minister Naek resubmitted draft of Swiss letter to Supreme Court today.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court said that if the government did not comply with its order of writing the letter to Swiss authorities by October 5, the court would be compelled to resume with contempt of court proceedings, Express News reported on Wednesday.

Law Minister Farooq H Naek resubmitted the draft of the letter to be written to Swiss authorities to the Supreme Court today.

A five-member bench headed by Justice Asif Saeed Khosa started hearing the National Reconciliation Ordinance (NRO) case in the Supreme Court.

The law minister requested the judges for discussing the draft in the court’s chambers, upon which Justice Asif Saeed Khosa enquired whether the amendments had been made in the draft as yet.

Naek yet again requested for the draft to be discussed in the chambers which was then agreed upon by the bench.

The draft was discussed in the chambers by the judges who later summoned Naek and government’s counsel Waseem Sajjad into the chamber.

After ending consultation on the draft, the hearing was adjourned till 12pm.

In the previous hearing, after Supreme Court raised few objections over the draft of the letter to be written to the Swiss authorities, Naek – in consultation with government’s counsel Waseem Sajjad and Attorney General Irfan Qadir – made changes in the letter.

On threats and secrets

Speaking to the media after the hearing was adjourned, Naek said that since he was not the final authority on the matter, he needed to consult with Prime Minister Raja Pervaiz Ashraf and that was why he had requested the court for more time.

“They were very gracious and kind, and they gave me time till October 5 for any consultation that I need to do, for any advice I need to take and then, complete the letter and bring it so that this matter can end,” said the law minister.

He said that in order for the country to progress, all pillars of the state needed to have harmony and should avoid clashes so that the country can “move forward on the path of progress”.

Naek dispelled rumors of behind-closed-doors threats and said that there were no secrets, adding that it was a pressure-free decision taken by the court.

“There is no bone of contention and all their observations will be taken into consideration while resolving this matter,” he said, adding: “You will see that this will end peacefully because implementation of the court’s verdict is everyone’s duty.”

On how democracy and national security had been threatened by this matter, Naek said that everyone was aware of certain forces that wanted to derail democracy by misusing this case.

Information Minister Qamar Zaman Kaira told the media that summoning respondents to the chambers was a routine matter as people to be consulted need to be taken into confidence.

“This is not about trust or mistrust; it is a legal situation which requires consulting others,” he said.

The letter saga began when the Supreme Court struck down the National Reconciliation Ordinance (NRO), under which a number of cases against political figures were dropped – including the Swiss cases against President Zardari and his family.

Once the NRO was scrapped, the government was ordered by the court to retract the Qayyum letter written to Swiss authorities – something the government seemed adamant not to do, until it surprisingly relented last week.]]>
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			<title>Swiss letter will mention president’s immunity: AG</title>
			<link>https://tribune.com.pk/story/439674/nro-hearing-swiss-letter-will-mention-president%e2%80%99s-immunity-ag-front-page</link>
			<comments>https://tribune.com.pk/story/439674/nro-hearing-swiss-letter-will-mention-president%e2%80%99s-immunity-ag-front-page#comments</comments>
			<pubDate>Thu, 20 Sep 12 09:11:28 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
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			<category><![CDATA[Pakistan]]></category>
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				<![CDATA[Maintains Supreme Court has accepted presidential immunity]]>
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				<![CDATA[While the government consented to write to Swiss authorities regarding graft cases against the president on September 18, it gave away nothing as to the tone and content of the letter during court proceedings.

It was not immediately clear what prompted the prime minister to relent before the Supreme Court on a stand that has cost the ruling party no less than a sitting prime minister.

A day after the unexpected consent, Attorney General Irfan Qadir came forward with a few comments providing some insight on the matter – saying that the government will refer to the president’s immunity in the letter. He added that the Supreme Court has, in fact, accepted the constitutional clause granting immunity to the president.

Talking to journalists outside the Supreme Court, Qadir added that the letter would be written, but in accordance with the relevant clauses of the Constitution.

Prime Minister Raja Pervaiz Ashraf on Tuesday authorised Law Minister Farooq H Naek to withdraw the letter written to Swiss authorities which had expressed the desire to withdraw Pakistan as a party in graft cases involving President Asif Ali Zardari. The court had insisted that the letter, written back in 2007 by then attorney general Malik Muhammad Qayyum as part of the controversial Nation Reconciliation Ordinance (NRO), be withdrawn. It has now granted the premier time till September 25 to produce a draft of the communication to this effect.

On June 19, the apex court had disqualified former premier Yousaf Raza Gilani on June 19 after he was convicted of contempt of court following his refusal to write the letter.

The allegations against Zardari date from the 1990s, when he and his wife, former prime minister (late) Benazir Bhutto, were accused of using Swiss bank accounts to launder $12 million.

Published in The Express Tribune, September 20th, 2012.]]>
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			<title>Reconciliation?: Zardari’s Mirza house visit fuels speculation</title>
			<link>https://tribune.com.pk/story/439692/reconciliation-zardari%e2%80%99s-mirza-house-visit-fuels-speculation</link>
			<comments>https://tribune.com.pk/story/439692/reconciliation-zardari%e2%80%99s-mirza-house-visit-fuels-speculation#comments</comments>
			<pubDate>Thu, 20 Sep 12 08:48:34 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[Officials say purpose of visit was to inquire NA speaker’s health۔]]>
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				<![CDATA[In an unexpected visit, President Asif Ali Zardari visited Mirza House located in DHA, Karachi on Wednesday and inquired after the health of ailing National Assembly Speaker Dr Fehmida Mirza.

Former Sindh home minister Zulfiqar Mirza, who is also a close associate of President Zardari, and his son MPA Hasnain Mirza were also present on the occasion.

Media reports called the meeting a ‘breakthrough’, adding that President Zardari and Mirza were finally mending estranged relations after the latter addressed a press conference against Muttahida Qaumi Movement (MQM) chief Altaf Hussain last year. Officials, however, stuck to the story that the president was merely calling on the NA speaker who has been ill for the last few days.

Law and order

A law and order meeting was also held at Bilawal House on Wednesday. The president was given a briefing on the recent target killings and blasts in Karachi.

The meeting was attended by Chief Minister Qaim Ali Shah as well as provincial ministers including Pir Mazharul Haq, Syed Murad Ali Shah, Agha Siraj Khan Durrani Sharjeel Memon and senior police officials.

During the meeting, some Pakistan Peoples Party (PPP) Karachi division leaders raised the issue of their own party workers being the victims of target killings.

President Asif Ali Zardari directed them to take all political parties on board against the worsening law and order situation in Karachi and to appoint a reputable police officer in this regard.

The president was also briefed about a video surveillance system that has been initiated in Karachi to monitor the law and order situation.

Published in The Express Tribune, September 20th, 2012.]]>
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			<title>NRO implementation case: Breakthrough</title>
			<link>https://tribune.com.pk/story/438883/nro-implementation-case-breakthrough</link>
			<comments>https://tribune.com.pk/story/438883/nro-implementation-case-breakthrough#comments</comments>
			<pubDate>Tue, 18 Sep 12 21:52:56 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=438883</guid>
			<description>
				<![CDATA[Prime minister says letter written by former attorney general to Swiss authorities will be withdrawn.]]>
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				<![CDATA[Weeks of reconciliation-laced rhetoric finally manifested its self in the form of what seems to be a big breakthrough in the row between the judiciary and government – a row that had turned into a bruising stalemate for over two years.


Against previous rigidity and all expectations, the Pakistan Peoples Party (PPP) on Tuesday indicated its willingness to draft a letter to Swiss authorities and implement the apex court’s judgment in the National Reconciliation Order (NRO) implementation case.

In Courtroom 4 of the Supreme Court, Prime Minister Raja Pervaiz Ashraf consented to initiate the process to draft a letter that would satisfy the court’s requirements. “After looking into the complexities of the issue, I have instructed the law minister that the letter written by former attorney general Malik Qayyum, which the court had termed unauthorised and illegal in its judgment, would be withdrawn,” Premier Ashraf told a five-judge NRO implementation bench of the Supreme Court headed by Justice Asif Saeed Khosa.

In 2007, the then-attorney general, Malik Qayyum, wrote to the Swiss authorities following the promulgation of the NRO that Pakistan no longer wished to be a party in the graft cases against the Bhutto family and now president Asif Ali Zardari.

What the current government’s letter would say vis-à-vis President Asif Ali Zardari was not elaborated upon, but the apex court reciprocated the gesture, and granted the premier one more week to show tangible progress towards the implementation of the verdict.

The ruling PPP has lost one prime minister, Yousaf Raza Gilani, over its unwillingness to draft the letter to reopen graft cases against President Zardari.

Letter-writing process

According to the arrangements agreed upon, Law Minister Farooq H Naek, authorised by the prime minister to implement the NRO judgment, will initiate a summary in this regard and draft a letter.

However, the court was not getting carried away with the seeming breakthrough, and has asked for a draft of the letter to make sure it satisfies the requirements laid down in its order.

“… the Prime Minister and the Federal Minister for Law and Justice have undertaken that on September 25, 2012, the necessary authorisation shall be produced before this court and a draft communication shall also be made available for this court to examine whether the same meets the requirements of paragraph number 178 of the NRO judgment,” the court stated in its written order.

Naek told the court that he wanted to outline a draft that is acceptable to both – the federation and the court.

The court will examine the draft of letter and also address the federation’s concern regarding presidential immunity. “After those stages are over, a time-frame shall be fixed by the court for the remaining steps,” the written order added.

The letter will be subsequently dispatched to Swiss authorities and other foreign countries and the last step would be the confirmation of this communication.

Long-standing issue

Prime Minister Ashraf said he “contemplated” a lot during the three-week period given to him by the apex court, and that the issue is not about President Zardari as an individual, but his rank. He said he hoped the court will respect the president’s position.

Justice Khosa appreciated the premier’s stance, and laid out the steps required to implement the court’s verdict.

The premier and law minister insisted for more time, but the bench said that it was not good to linger on this case further. “Once you have made up your mind to resolve this long-standing issue, we should not linger anymore,” Justice Khosa said. The court told Naek that, after the authorisation by the premier, he doesn’t need to consult anyone else on the issue.

In a related case, NAB Prosecutor General KK Agha informed the court that NAB has decided not to take any action against Malik Qayyum.

The court sought a copy of NAB’s opinion in this regard, noting down in its order that it has been “intrigued by the fact that letters written by Malik Muhammad Qayyum to the Swiss and other authorities were unauthorised.”

Published in The Express Tribune, September 19th, 2012. ]]>
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			<title>Swiss letter: Coalition partners to accompany PM Ashraf to SC</title>
			<link>https://tribune.com.pk/story/438265/swiss-letter-coalition-partners-to-accompany-pm-ashraf-to-sc-tomorrow</link>
			<comments>https://tribune.com.pk/story/438265/swiss-letter-coalition-partners-to-accompany-pm-ashraf-to-sc-tomorrow#comments</comments>
			<pubDate>Mon, 17 Sep 12 20:04:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=438265</guid>
			<description>
				<![CDATA[PM Raja Pervez Ashraf to appear before SC on September 18.]]>
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				<![CDATA[Ruling Pakistan Peoples Party (PPP) and their coalition partners threw their weight behind Prime Minister Raja Pervez Ashraf ahead of his appearance before the Supreme Court on Tuesday September 18.

Express News correspondent Waqar Satti reported that the meeting at the Aiwan-e-Sadr discussed the National Reconciliation Ordinance and the matter of writing the letter to Swiss courts, for which the Prime Minister will appear in the Supreme Court on September 18.

Satti said that according to sources, the coalition partners and the ruling party have agreed to present their stance in a forceful manner before the apex court during the hearing.

Quoting a press release, Satti said that in a show of solidarity, all coalition partners will accompany the Prime Minister as he appears before the court for the hearing.

Sources, Satti said, told him that during the meeting President Zardari reiterated that the government and its coalition partners have sacrificed for the judiciary and have always respected the courts, and they will continue in the same vein.

The meeting of ruling coalition parties was held with President Asif Ali Zardari in the chair. Prime Minister and heads of allied parties attended the meeting.


Earlier‚ Ashraf called on President Zardari and discussed important issues.

The meeting was attended among others by Deputy Prime Minister, Chaudhry Pervez Elahi, Senator Mushahid Hussain Sayed, Basharat Raja of PML(Q), Asfandyar Wali Khan, Senator Afrasiab Khattak of ANP, Dr Farooq Sattar, Senator Babar Khan Ghouri of MQM, Senator Mir Israrullah Khan Zehri of BNP, Hameedullah Jan Afridi, Munir Khan Orakzai and Senator Abbas Khan Afridi of FATA.

Former Prime Minister Syed Yusuf Raza Gilani, Law Minister, Senator Farook H. Naek, Minister for Water and Power, Chaudhry Ahmad Mukhtar, Ms. Mehreen Anwar Raja and Senator Farhatullah Babar were also present during the meeting.]]>
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			<title>NRO implementation case: Zardari invites allies ahead of PM’s court appearance</title>
			<link>https://tribune.com.pk/story/437803/nro-implementation-case-zardari-invites-allies-ahead-of-pm%e2%80%99s-court-appearance</link>
			<comments>https://tribune.com.pk/story/437803/nro-implementation-case-zardari-invites-allies-ahead-of-pm%e2%80%99s-court-appearance#comments</comments>
			<pubDate>Mon, 17 Sep 12 04:42:14 +0500</pubDate>
			<dc:creator>
				<![CDATA[qamar.zaman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=437803</guid>
			<description>
				<![CDATA[ANP to take up Sindh LG ordinance during the meeting.]]>
			</description>
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				<![CDATA[With the National Reconciliation Ordinance (NRO) implementation case scheduled to be heard by the Supreme Court on September 18, President Asif Ali Zardari on Sunday extended an invitation to all coalition partners for a meeting intended to thrash out a unified strategy ahead of the prime minister’s scheduled court appearance.

While talking to The Express Tribune, sources revealed that the meeting would focus on seeking advice from coalition partners and would discuss the emerging scenario in case of an adverse decision against the prime minister.

The meeting is expected to be the second phase of a consultative process initiated by the president. In the first phase, an informal meeting with senior Pakistan Peoples Party (PPP) leaders was held at the presidency on Saturday where the issue of writing a letter to Swiss authorities was discussed in detail.

Sources revealed that possible government response on NRO implementation was also discussed with party leaders.

Prime Minister Raja Parvez Ashraf will be appearing before a five-judge bench headed by Justice Asif Saeed Khosa to inform the court about his government’s strategy regarding implementation of NRO verdict. The premier had earlier assured the court of his desire to find an agreeable solution to the deadlock after he was served with a show-cause notice for not implementing its orders on writing a letter to the Swiss authorities to reopen graft cases against President Zardari.

Monday’s scheduled meeting will be the first meeting of allies after Awami National Party (ANP) and Pakistan Muslim League-Functional (PML-F) parted ways with the ruling coalition in Sindh over promulgation of the Sindh local government ordinance.

When contacted for confirmation, Senator Haji Muhammad Adeel of ANP told The Express Tribune that ANP chief Asfandyar Wali Khan would attend Monday’s meeting and added that “it is likely that our party would be taking up the matter of the Sindh local government.”

Published in The Express Tribune, September 17th, 2012.]]>
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			<title>To write or not to write...</title>
			<link>https://tribune.com.pk/story/429155/to-write-or-not-to-write-2</link>
			<comments>https://tribune.com.pk/story/429155/to-write-or-not-to-write-2#comments</comments>
			<pubDate>Fri, 31 Aug 12 16:41:30 +0500</pubDate>
			<dc:creator>
				<![CDATA[amina.jilani]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
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			<description>
				<![CDATA[If Swiss letter is written, will the heavens fall, will the president be stripped of his preciously guarded immunity?]]>
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				<![CDATA[The saga, drama, case, issue — or whatever one wishes to dub it — of the Supreme Court and the prime ministerial letter has reached a definite low, and the longer it is prolonged, the lower will be the descent. It is all also somewhat reminiscent of the old story of the boy and the wolf.

Shots on the television screens of prime ministers arriving at the hallowed apex Court no longer provide excitement or even much interest. It’s all old hat. As an editorial in the press had it, commenting on the difference between the Yousaf Raza Gilani and the Raja Pervaiz Ashraf appearances, “the three-ring circus of spectacular proportions has degenerated into an almost-pitiful sideshow”. All this latest appearance actually did was to highlight the indignity involved in public appearances of those that have managed the route up into high places. The pushing, shoving, jostling of the companions and ‘admirers’ to get close to the leading actor and be picked up by the cameras is hardly edifying in any way to any of them. It seems that all would do well — on the showing — in rugby scrum half.

But then, pushing, shoving and jostling is very much part of life in the republic, whether it involves those known as VVIPs or simply VIPs or the general public. It happens on the steps of the apex Court in the same manner as it happens at weddings or other such functions when the buffet table is unveiled.

Anyhow, the letter business needs to be brought to a closure, however it is done. To the layperson, it really seems to be a simple matter. Just write the letter to the Swiss authorities telling them that the Malik Qayyum letter stands withdrawn, cancelled, annulled or whatever, that it should lawfully have not been written. That this present prime minister needs almost three weeks to consult with his legal wizards as to whether to write or not to write seems farcical. But then, none of the legal minds which have been applied to the matter, whether involved with the government or not, can even mutually agree on the constitutionality of writing, though the Supreme Court is clear in its combined mind.

And one must ask that if the letter is written, merely giving the bare bones, will the heavens fall, will the president of the republic be stripped of his preciously guarded immunity, will the government, which is hardly a government, vanish into thin air or will the Swiss accept the withdrawal and let it go at that? Amidst all the convoluted implications set forth by the prime ministerial team, none seems clear on how the immunity will be affected. As far as can be garnered, it will be there with the president for as long as he remains in that position. All things, good or bad, come to an end at some point, so Asif Ali Zardari will have to reconcile himself to the fact that the probability is that somewhere along the line, he will cease to be a head of state. He will have to just take his chances when that dreaded day comes.

Or, as has been mooted this past week, is there a limitation bar under Swiss law which could come into effect this month? Some seem to think so, others not.

And if the wretched letter is not written, what alternatives are there? Will the Court continue to extend the deadline ad infinitum, or will successive prime ministers of the republic play a never-ending round of musical chairs? Or will one side blink. And if so, which one?

There is one clear mind that opens up to the press frequently and sticks to its guns. Oracle Aitzaz Ahsan is adamant that there is no middle path; that the Court has no option but to press on as it is doing; and that prime ministers will come and go until March.

Published in The Express Tribune, September 1st, 2012.]]>
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			<title>Court appearance: Raja’s entourage rolls in amid much pomp</title>
			<link>https://tribune.com.pk/story/427223/court-appearance-raja%e2%80%99s-entourage-rolls-in-amid-much-pomp</link>
			<comments>https://tribune.com.pk/story/427223/court-appearance-raja%e2%80%99s-entourage-rolls-in-amid-much-pomp#comments</comments>
			<pubDate>Mon, 27 Aug 12 22:25:47 +0500</pubDate>
			<dc:creator>
				<![CDATA[qaiser.zulfiqar]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=427223</guid>
			<description>
				<![CDATA[By appearing before the court, Prime Minister showed that he respects the judiciary, says Attorney General.]]>
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				<![CDATA[Prime Minister Raja Pervaiz Ashraf’s arrival at the Supreme Court made up for the drama his statements might have lacked.


The premier’s white Land Cruiser rolled in amid extravagant security arrangements, 25 minutes before the hearing was scheduled to start. Two helicopters hovered over the sealed red zone while personnel from Rangers, police and other law enforcement agencies were deployed in heavy numbers around the apex court’s premises from 7 to 11 am.

There were walk-through gates to bolster security while the parking lot was also vacated for the purpose. Apart from media persons, only those with special passes were allowed to enter courtroom number 2.

The hour-long proceedings, however, were not too pungent.

Not only was Prime Minister Raja Pervaiz Ashraf granted more time to present his stance on opening graft cases against the president, the Supreme Court also reiterated that he does not have to compose the Swiss letter personally and can authorise someone else to do so.

Throughout the hearing, Raja’s entourage was either busy taking notes or showing a thumbs-up to each other every time the premier argued he needed more time to implement the court’s orders.

Law Minister Farooq H Naik, who was sitting right next to the podium where Raja stood, was continuously assisting the premier in strengthening his argument to buy more time. Presidential spokesperson Farhatullah Babar was busy taking notes, but left the courtroom well before the bench adjourned the case.

Attorney General Irfan Qadir was uncharacteristically quiet in the court, but broke the silence once he stepped out. “The premier has sent a strong message to the public and the world at large by appearing before the court, showing that he respects the judiciary,” Qadir told journalists outside the Supreme Court. “The judiciary should reciprocate the respect.”

Deputy Prime Minister Chaudhry Pervaiz Elahi, who sat in the front row of the courtroom, also told the media later the premier’s appearance was a unanimous decision to show respect for the judiciary.

Information Minister Qamar Zaman Kaira said the prime minister had convinced the court of his interest in resolving the issue. He clarified that the premier has not requested the bench to withdraw its show-cause notice and has only sought more time to respond to it.

Kaira said the prime minister’s appearance negated all the allegations against Pakistan Peoples Party of not complying with court orders.

Senior leader of the ruling party Makhdoom Amin Fahim maintained that the prime minister cannot be disqualified this time because under Article 12 and 13 of the Constitution a person cannot be punished twice. A cautious Fahim was however quick to add his party respected the judiciary and the Constitution.

Published in The Express Tribune, August 28th, 2012.]]>
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			<title>Taking jibes: Nawaz accuses govt of insulting judiciary</title>
			<link>https://tribune.com.pk/story/427215/taking-jibes-nawaz-accuses-govt-of-insulting-judiciary</link>
			<comments>https://tribune.com.pk/story/427215/taking-jibes-nawaz-accuses-govt-of-insulting-judiciary#comments</comments>
			<pubDate>Mon, 27 Aug 12 22:13:07 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
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			<description>
				<![CDATA[PML-N chief says his party believed in supremacy of law and has played a historic role in the restoration of judges.]]>
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				<![CDATA[PML-N chief Nawaz Sharif used the premier’s court appearance on Monday as a springboard to whip up fresh rhetoric against the ruling party.


“The government has been constantly seeking more time [from the apex court]. This is tantamount to insulting the judiciary,” Nawaz told journalists at the residence of actor Muhammad Ali’s widow Zeba.

“The government had promised to restore the judiciary, but in fact wanted the court of Abdul Hameed Dogar to flourish,” he said referring to the controversial chief justice who took oath under the Provisional Constitutional Order (PCO) of former president Pervez Musharraf. The government is mocking the court and the nation, he added.

The PML-N chief said the judiciary was “working according to the law and the Constitution,” adding that the “country’s situation would have been much better had the government decided to do the same”.

Earlier, Nawaz spoke to a delegation of the Supreme Court Bar Association (SCBA) led by its President Yasin Azad. He told them that his party believed in the supremacy of law and has played a historic role in the restoration of judges.

Asking the SCBA to submit proposals for making the appointment of judges more transparent, Nawaz said the PML-N had earlier proposed the SCBA president be an ex-officio member of the Parliamentary Committee for Appointment of Judges. He, however, regretted that the Pakistan Peoples Party shot his suggestion down.

“We believe in the policies of merit and transparency, and decisions will have to be taken in the country’s interest by rising above personal likes and dislikes.”

He also lauded the efforts of the SCBA for organising a conference on May 26 in Islamabad to address the problems faced by Balochistan. On this, Azad told the PML-N chief that the SCBA was organising another conference on September 9 in Quetta over the same issue.

On the occasion, Punjab Chief Minister Shahbaz Sharif announced a grant of Rs50 million for a residential complex of lawyers.

Published in The Express Tribune, August 28th, 2012.]]>
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			<title>NRO implementation: PM wins reprieve</title>
			<link>https://tribune.com.pk/story/427217/nro-implementation-pm-wins-reprieve</link>
			<comments>https://tribune.com.pk/story/427217/nro-implementation-pm-wins-reprieve#comments</comments>
			<pubDate>Mon, 27 Aug 12 21:22:56 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=427217</guid>
			<description>
				<![CDATA[Apex court gives PM Ashraf until Sept 18 to write Swiss letter; PM assures ‘genuine and serious’ steps will be...]]>
			</description>
			<content:encoded>
				<![CDATA[Monday was a day of conciliatory gestures with the Supreme Court allowing Prime Minister Raja Pervaiz Ashraf some elbow room to navigate a way out of the Swiss letter writing controversy and the government promising to preserve the superior judiciary’s sanctity and respect.


At least temporarily, PM Ashraf has escaped the fate of his deposed predecessor Yousaf Raza Gilani. On Monday, Ashraf was given a lifeline of 22 more days to ensure that the court ruling on the National Reconciliation Ordinance (NRO) was implemented through the opening of graft cases against the president.

Although he wore a black sherwani similar to former prime minister Yousaf Raza Gilani’s attire on April 26 at the time of his unseating from parliament, Ashraf’s demeanour was not the same as that of his predecessor. Instead, his appearance mirrored the almost seismic shift in the ruling Pakistan Peoples Party’s (PPP) stance. The supreme judiciary was assured that the letter, if written, would request the reopening of outstanding graft cases against President Asif Ali Zardari and pledged that the sanctity and respect of the court would be preserved at all costs.

Subsequently, the five-judge bench of the Supreme Court – headed by Justice Asif Saeed Khosa – gave Prime Minister Ashraf until September 18 to appear before the court and come good on his assurances.

Assisted by several members of the cabinet, the law minister, deputy prime minister and senior party leaders at the Supreme Court premises, Premier Ashraf admitted to the mounting pressure of the Supreme Court and said that he now wanted to resolve the issue in a way that the dignity of the court could be preserved.

“I want to become role model. It is an honour for me to appear before the court today,” said Ashraf while insisting that he did not want to besmirch his name and figure in an ugly chapter of the country’s history.

“Being a political worker and a law abiding citizen, I want to ensure that the judiciary is respected. It is also the requirement of my office that respect of the judiciary be preserved.”

Former premier Gilani was tried, convicted and disqualified in the same case when he failed to ensure the implementation of court orders of writing a letter, as mentioned in paragraph 178 of the NRO judgment of the Supreme Court.

During Monday’s hearing, Justice Khosa appreciated the prime minister’s appearance before the court and told him: “The case of your predecessor is before you and we only want to see the implementation of our judgment, since real respect for the court is ensured by the implementation of its judgments.”

“Give us a positive commitment today, otherwise the law will take its course,” he told Ashraf.

The bench explained the court orders again and said that it only wanted the federal government to revoke former attorney general Malik Qayyum’s correspondence with the Swiss authorities after the NRO was declared illegal.

“It is up to you to give a new topic for discussion to the nation by resolving this issue,” Justice Khosa told him. “We don’t want to see you again and again in the court in this case and we are also not interested in unseating public representatives”.

In response, Premier Ashraf told the Supreme Court that he required at least four to six weeks to consult his legal team and allies to resolve the issue. “You gave Gilani four and half years to implement the ruling, and I have been a prime minister for just 60 days,” he said.

However, Justice Khosa retorted that the government had little choice in the matter because ultimately court rulings “must be implemented”.

Initially, the court wanted PM Ashraf to follow through on its order within two weeks but when the premier informed the bench of his impending tour of China the hearing was adjourned until Sept 18.

Justice Khosa replied that according to Article 90 of the Constitution, the premier could exercise executive authority and authorise someone else to implement the orders of writing the letter, be it the law minister or the attorney general. However, the premier said: “I am only a political worker and not a lawyer. I need to understand the case in order to resolve it.” He also requested the court to withdraw the show-cause notice issued against him in the case.

At the same time, the prime minister said that he wanted to resolve the case, not prolong it.

(Read: The case of the Swiss letter)

Published in The Express Tribune, August 28th, 2012. ]]>
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			<title>The case of the Swiss letter</title>
			<link>https://tribune.com.pk/story/426887/the-case-of-the-swiss-letter</link>
			<comments>https://tribune.com.pk/story/426887/the-case-of-the-swiss-letter#comments</comments>
			<pubDate>Mon, 27 Aug 12 16:25:05 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426887</guid>
			<description>
				<![CDATA[Running out the clock for as long as possible may be the only option the SC now has left for beleaguered PPP.]]>
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				<![CDATA[Ever since being elected, the Pakistan Peoples Party has been haunted by the National Reconciliation Ordinance (NRO) and the fallout of the mass amnesty granted by General (retd) Pervez Musharraf. By now, there can be no doubt that it will be unable to contend with an increasingly stubborn Supreme Court during its remaining few months in power. The Supreme Court’s hearing on the Swiss letter case on August 27, with Prime Minister Raja Pervaiz Ashraf appearing in the Court, may have ended in a stalemate with the prime minister given until September 18 as his next date before the judiciary. But no one should mistake that for a reprieve. The only thing the Supreme Court wants is for the prime minister to write the letter and if he is unwilling to do so, he will be removed from power, just as Yousaf Raza Gilani was before him.

Some would say that, perhaps, the Supreme Court should have recognised the perfect face-saving measure that the PPP had provided to it in order to end this long-standing constitutional morass. In explaining its refusal to write the letter, Prime Minister Ashraf specifically cited the president’s immunity from prosecution and claimed that asking for the Swiss cases to be reopened would violate this constitutional provision. The Supreme Court, however, chose not to pay heed to this argument. The Swiss authorities have also said in the past that they would be unlikely to reopen any case against a sitting head of state. What is important now is that this matter be brought to a dignified close that allows the PPP to live out its remaining days in power without any further clash between institutions. The sanctity of the Constitution, the principles of democracy and political stability must be upheld by all stakeholders.

The PPP is now in a battle of time for its own survival. It is able to weather the dismissal of one prime minister; another forced removal may precipitate early polls. That may just be why Ashraf asked for a few more weeks to study the legal aspects of the case — a request that would otherwise be absurd given that the PPP has had more than two years to formulate its position in the matter. Running out the clock for as long as possible may be the only option the Supreme Court now has left for the beleaguered PPP.

Published in The Express Tribune, August 28th, 2012.]]>
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			<title>Will ask judiciary to find a third way out, government will complete tenure: Wassan</title>
			<link>https://tribune.com.pk/story/426894/wassan-says-government-will-write-letter-before-september-18-express-news</link>
			<comments>https://tribune.com.pk/story/426894/wassan-says-government-will-write-letter-before-september-18-express-news#comments</comments>
			<pubDate>Mon, 27 Aug 12 14:03:29 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426894</guid>
			<description>
				<![CDATA[Former minister denies reports that government will write Swiss letter before September 18.]]>
			</description>
			<content:encoded>
				<![CDATA[Former Sindh home minister Manzoor Wassan said that the government will ask the Supreme Court to find a third way out in the National Reconciliation Ordinance (NRO) implementation case as it wants to complete its five-year tenure.

Wassan also denied media reports which quoted him as saying that the government will write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari. “I did not say any such thing. We want to find a middle way out as we want to complete our five years which will end on February 18,” he maintained.

He said that the middle way will be found after the hearing which will be held after the September 18 hearing.

The former minister also mentioned his opinion that the government should hold the general elections on April 4, 2013 as it is also the death anniversary of Zulfikar Ali Bhutto.

Express News also quoted Wassan as saying that the government will inform the court that only four months are left till the elections and senior Pakistan Peoples Party (PPP) leader Faisal Raza Abidi should be summoned to the court instead of the prime minister.]]>
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			<title>Government mocking judiciary by constantly seeking time: Nawaz Sharif</title>
			<link>https://tribune.com.pk/story/426892/government-mocking-judiciary-by-constantly-seeking-time-nawaz-sharif</link>
			<comments>https://tribune.com.pk/story/426892/government-mocking-judiciary-by-constantly-seeking-time-nawaz-sharif#comments</comments>
			<pubDate>Mon, 27 Aug 12 13:55:58 +0500</pubDate>
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				<![CDATA[web.desk]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426892</guid>
			<description>
				<![CDATA[Parliamentarians, coalition parties, attorney general react to the NRO hearing on Monday.]]>
			</description>
			<content:encoded>
				<![CDATA[Prime Minister Raja Pervaiz Ashraf appeared before the Supreme Court on Monday in the National Reconciliation Ordinance (NRO) implementation case and sought more time to follow its orders.

Several comments from eminent personalities emerged after the hearing – some in favour of the courts, others in favour of the ruling government.

Against

Pakistan Muslim League (PML-N) chief Nawaz Sharif, talking to the media, said that the government has been constantly seeking time in the case, mocking the court and the country. “The government had promised us that it will restore the judiciary but in fact, it wanted the court of Abdul Hameed Dogar to flourish,” he claimed.

Sharif added that the courts are working according to the law and the Constitution, and if the government had done the same, the situation would not have been the same today.

Justice (retd) Shaiq Usmani also reiterated that the court will stick to its decision and the government should comply with the orders. “The directions are very clear that the government has to write a letter. It is impossible for the court to take back its decision, and the government should make accommodation.”

He stressed that the letter will have to be written, even if the government makes the law minister or the law secretary to carry out the task.

In favour

Parliamentarians, coalition parties, as well as the attorney general of Pakistan, after the hearing, expressed their support for the ruling Pakistan Peoples Party (PPP).

Attorney General Irfan Qadir said that according to the law, there is a specific way of sacking someone from his post and it cannot be done so by going against the law.

Parliamentarian Muneer Orakzai maintained that he will support the government in electing a third prime minister if the current one is disqualified.

Haji Adeel from coalition party Awami National Party (ANP) said that the government follows the law and the prime minister also appeared before the court when he was summoned. “The court said that he was not indicted. We also asked for six weeks and the court gave us three weeks.”

Federal Minister Amin Fahim also said that the court cannot repeat the same action as in the case of former prime minister Yousaf Raza Gilani according to the Constitution.

Stressing on the need of negotiations, Interior Minister Rehman Malik maintained that the prime minister will consult his legal team and the government will act according to their advices.

The stance of the PPP for the implementation of the court orders is constitutional, Federal Minister Manzoor Watto maintained.]]>
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			<title>NRO hearing: PM Ashraf given respite till September 18</title>
			<link>https://tribune.com.pk/story/426809/nro-hearing-pm-ashraf-arrives-at-sc</link>
			<comments>https://tribune.com.pk/story/426809/nro-hearing-pm-ashraf-arrives-at-sc#comments</comments>
			<pubDate>Mon, 27 Aug 12 04:12:37 +0500</pubDate>
			<dc:creator>
				<![CDATA[sidrah.moiz]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426809</guid>
			<description>
				<![CDATA[PM Ashraf had requested the Supreme Court that he required at least four to six weeks to resolve the issue.]]>
			</description>
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				<![CDATA[Accepting Prime Minister Raja Pervaiz Ashraf's request, the Supreme Court on Monday granted time to him and adjourned the hearing till September 18 in the National Reconciliation Ordinance (NRO) implementation case, Express News reported.

PM Ashraf had requested the Supreme Court that he required at least four to six weeks in order to consult his legal team to resolve the issue.

Prime Minister Ashraf was directed by the Supreme Court to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari.

The court earlier wanted to grant him two-week's time and adjourn the hearing till September 12, however, Ashraf informed the court that he will not be able to appear before the court that day due to his scheduled tour to China.

Heading a five-member bench, Justice Asif Saeed Khosa observed that according to Article 90 of the Constitution, the premier could exercise executive authority and task someone to implement the court's orders to write the Swiss letter.

He had earlier said that the Supreme Court can grant more time only if an encouraging commitment is provided.

Ashraf had said, "I am only a political worker not a lawyer, I need to understand the case in order to resolve it."

He had requested the court to withdraw the show-cause notice issued against him in the case and had said that it brings a bad name to the sovereignty of Pakistan.

The prime minister had said that he would be available on a "phone call" whenever the court wants to see him.

Justice Khosa had observed that appearing before the court is not respect, but complying with the court's orders is.

He had said that the issue was not as big as it was being made. PM Ashraf had said that he does not want to prolong the case, but only wants to resolve it.

The prime minister had said that the issue should be resolved in a way which does not harm the sanctity of the judiciary.

Ashraf had said that he was facing a lot of pressure as a prime minister to resolve the issue which has created a situation of ebullience in the country.

Justice Khosa had observed that Ashraf had not appeared before the court today as a defendant in the case. He had said that PM Ashraf was as respectful as any other citizen of Pakistan.

Ashraf had said that it is an honour for him to appear before the court just after he took charge as the prime minister.

Earlier, while speaking to the media, Minister for Information and Broadcasting Qamar Zaman Kaira had said that Prime Minister ’s presence in the court today will prove all those people wrong who accuse the Pakistan Peoples Party (PPP) of not complying with the court’s orders.

Kaira had said that the party was expecting justice and betterment from the Supreme Court today.

He had said that the PPP has obeyed court’s orders whenever summons are issued for its prime ministers.

Replying to a question regarding delay in taking decision about PM Ashraf coming to the court, the minister had said that there was no delay in taking the decision and that the PPP believes in discussing issues with its members as it is a democratic party.

Security had been beefed up under the supervision of Interior Minister Rehman Malik within and outside the premises of the Supreme Court with Rangers, police among other Law Enforcement Agencies deployed.

Red zone was also sealed from 7am to 11am, while aerial monitoring was also being done with two helicopters.

Only those who had special passes were allowed to enter the court’s premises.

Walk-through gates had been installed on the premises of the Supreme Court. The parking lot was also vacated and all extra cars parked there were taken out.

Attorney General Irfan Qadir had said that one of the two most important elements of the state -- the prime minister -- has appeared before the court showing his respect for the judiciary.

Qadir had said that he hoped that the "judiciary also reciprocates the respect."]]>
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			<title>PM likely to face same fate as Gilani, says Aitzaz</title>
			<link>https://tribune.com.pk/story/426759/prediction-pm-likely-to-face-same-fate-as-gilani-says-aitzaz</link>
			<comments>https://tribune.com.pk/story/426759/prediction-pm-likely-to-face-same-fate-as-gilani-says-aitzaz#comments</comments>
			<pubDate>Sun, 26 Aug 12 22:48:25 +0500</pubDate>
			<dc:creator>
				<![CDATA[qamar.zaman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426759</guid>
			<description>
				<![CDATA[Until Asif Ali Zardai is the president, he could not be tried in any court of law, says Aitzaz.]]>
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				<![CDATA[PPP Senator Aitzaz Ahsan has predicted that Prime Minister Raja Pervaiz Ashraf might face the same fate as his predecessor, Yousaf Raza Gilani, when the Supreme Court resumes hearing the National Reconciliation Ordinance (NRO) implementation case on Monday (today). 

Aitzaz was Gilani’s lawyer in the contempt of court case in which he was convicted and disqualified on June 19 after failing to implement the NRO verdict the court had delivered in December 2009.

While addressing the media in Haripur, the PPP stalwart said that the 10 judges who disqualified Gilani would definitely uphold their previous verdict at every cost.

Similarly, renowned jurist and former law minister Senator SM Zafar told The Express Tribune on Sunday that there was a possibility the court would announce its decision instead of postponing the case any further.

The Supreme Court had issued a show-cause notice under Article 204 of the Constitution to Premier Ashraf over his failure to implement court orders of writing a letter to Swiss authorities to reopen graft cases against the president. He was directed to appear personally before the court on August 27 (today).

Procedure of hearing

While explaining the procedure of court hearings, SM Zafar said that the court would first question Prime Minister Ashraf about the implementation of its orders.

On receiving his reply, the court will then frame charges against the prime minister, seeing that the order has not been implemented.

Following that, the premier’s legal representative will present his arguments, Zafar explained.

Although the former law minister did not rule out the possibility of a postponement, he said, “the entire process can end in one day and the court can announce its decision.”

Appearing before the court

Aitzaz appeared to be uncertain whether the prime minister would appear before the Supreme Court today to accept the judgment on writing a letter to Swiss authorities.

“He could personally appear before the apex court, or get represented by Attorney General, or could seek time from the court,” he said. The senator added, however, that he was certain about one thing: until Asif Ali Zardai is the president, he could not be tried in any court of law.

“There is not a single precedent in the world’s history in which a sitting president was tried by a court of law during the last 500 years,” he said.

However, he brushed aside the notion that he was completely opposed to the Swiss letter, saying that the timing was not appropriate under the law.

On the other hand, Zafar said the prime minister, in his opinion, would not skip the proceedings and appear before the court.

“It is a contempt matter and it has become a norm that prime ministers do appear before the court as was done by Gilani and Nawaz Sharif,” he said.

In case the premier does not appear before the court, however, Zafar said the government’s lawyer would provide reasons for his absence, which “the court will take as defiance”.

Pending review petition

When asked whether the pending review petition of the government against the Supreme Court’s order asking the premier to implement the NRO judgment would have any impact on the case, Zafar said “…legally there is no hitch and court can proceed irrespective of the fact that a review petition connected to the matter is pending before it.”

He added that the government may buy time on the pretext of its pending review petition. “The government may ask the court to postpone the hearing till decision of its review petition,” he said.

However, Zafar said there were limited chances of the court giving the government more time, “since the matter is lingering for years and the court had given enough time to the former premier”.

Published in The Express Tribune, August 27th, 2012.]]>
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			<title>NRO hearing: PM to appear before SC today</title>
			<link>https://tribune.com.pk/story/426758/nro-hearing-pm-to-appear-before-sc-today</link>
			<comments>https://tribune.com.pk/story/426758/nro-hearing-pm-to-appear-before-sc-today#comments</comments>
			<pubDate>Sun, 26 Aug 12 22:09:49 +0500</pubDate>
			<dc:creator>
				<![CDATA[zia.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426758</guid>
			<description>
				<![CDATA[Allies rally behind government in Swiss letter row, pledge to stand united in the face of challenges.]]>
			</description>
			<content:encoded>
				<![CDATA[There will be no surprises today, at least from the government’s side, during the crucial hearing of the National Reconciliation Ordinance (NRO) implementation case today.  

Prime Minister Raja Pervaiz Ashraf will appear before the Supreme Court today, but he will only do so to tell the highest court in the land that the president has immunity from prosecution and that writing a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari would go against the presidential immunity— setting the stage for a fate similar to his predecessor’s.

The decisions to appear before the court and refusal to write a letter were taken at the Presidency late Sunday night at a meeting of government and coalition parties that was jointly chaired by President Zardari and Premier Ashraf.

A five-member bench hearing the NRO implementation case has ordered the premier to write a letter to Swiss authorities to reopen graft cases against President Zardari.

There were murmurs that an overwhelming majority of the ruling Pakistan Peoples Party (PPP) leaders were not in favour of the premier’s appearance before the Supreme Court and a high-level meeting on Friday night remained short of taking any final decision in this regard.

The bench issued a show cause notice to the prime minister earlier this month to explain reasons behind the failure in writing the letter despite crystal clear orders by the court on July 12. The government had already filed a review petition against the summoning of the premier and the court’s July 12 order, but a decision in the case is still pending.

An official statement issued by the Presidency confirmed that the government and coalition parties had decided that the premier would appear before the court, alongside cabinet ministers and coalition partners to symbolise unity in their decision.

“After weighing available options, the meeting decided that in line with the coalition government policy of showing respect to the majesty of law, the prime minister will appear before the Supreme Court on Monday,” the statement said.

“Accordingly Prime Minister Raja Pervez Ashraf will appear before the Supreme Court on Monday in response to the notice issued to him,” the statement added.

Response 

Even though the handout didn’t explicitly state what the premier would say to the five-member bench, a party leader who attended the meeting told The Express Tribune that he would follow his predecessor Yousaf Raza Gilani in this regard.

Gilani refused to write letter to Swiss authorities, arguing that the president has immunity from prosecution under the national and international laws. However, the Supreme Court wasn’t satisfied with the former premier’s argument, charging him with the contempt of court and disqualifying him from public office.

The coalition leader said the government would also seek deferment of the court’s order to the prime minister until the review petition against the July 12 order is decided.

Presidential spokesperson Senator Farhatullah Babar said the meeting discussed the current political situation in the country with particular reference to the court cases against the government. Law Minister Farooq Naek gave a comprehensive briefing on the court cases and the options available to the government to tackle them.

The coalition partners also resolved to stand united in the face of challenges confronting the government and the prime minister, Babar added. The president and the prime minister thanked coalition partners for their continued support in the face of adversity and said that their support was most-valuable for political stability in the country.

Published in The Express Tribune, August 27th, 2012.]]>
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			<title>NRO implementation case: PM to appear before Supreme Court</title>
			<link>https://tribune.com.pk/story/426683/nro-implementation-case-pm-to-appear-before-supreme-court</link>
			<comments>https://tribune.com.pk/story/426683/nro-implementation-case-pm-to-appear-before-supreme-court#comments</comments>
			<pubDate>Sun, 26 Aug 12 18:48:02 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=426683</guid>
			<description>
				<![CDATA[Leaders of coalition parties to accompany the premier to the court on Monday.]]>
			</description>
			<content:encoded>
				<![CDATA[A meeting of coalition partners at the Presidency has decided that Prime Minister Raja Pervaiz Ashraf will appear before the Supreme Court in the National Reconciliation Ordinance (NRO) judgment implementation case on Monday, Express News reported.

An official statement, in this regard, was issued by the presidency late Sunday night.

The meeting held on Sunday, presided over by President Asif Ali Zardari, was attended by former prime minister Yousaf Raza Gilani, Awami National Party (ANP) leader Asfandyar Wali, Pakistan Muslim League – Quaid’s (PML-Q) Chaudhry Pervez Elahi, Muttahida Qaumi Movement (MQM) senior leader Farooq Sattar, amongst others.

At the meeting Federal Minister of Law Farooq Naek briefed those present on the case proceedings. The meeting concluded that the premier will appear before the Supreme Court.

Leaders of coalition parties will also accompany Ashraf to the court.

Earlier in July, the Supreme Court had issued a contempt notice to Ashraf for not implementing its order of writing a letter to the Swiss authorities to reopen a graft case against President Zardari.

The premier was asked to appear in person before a five-judge bench headed by Justice Asif Khosa on August 27.

The SC had made it clear that Ashraf would face consequences if he failed to appear before the court on August 27 with a “positive statement” regarding its order in the case. However, promised to “accommodate” the premier if a commitment was given on the day he appears.]]>
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			<title>SC promises to ‘accommodate’ PM if he responds ‘positively’</title>
			<link>https://tribune.com.pk/story/423254/sc-promises-to-%e2%80%98accommodate%e2%80%99-pm-if-he-responds-%e2%80%98positively%e2%80%99</link>
			<comments>https://tribune.com.pk/story/423254/sc-promises-to-%e2%80%98accommodate%e2%80%99-pm-if-he-responds-%e2%80%98positively%e2%80%99#comments</comments>
			<pubDate>Thu, 16 Aug 12 22:34:31 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
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			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=423254</guid>
			<description>
				<![CDATA[Turns down law minister’s request to postpone Aug 27 NRO case hearing.]]>
			</description>
			<content:encoded>
				<![CDATA[The Supreme Court made it clear that the prime minister would face consequences if he failed to appear before the court on August 27 with a “positive statement” regarding its order in the National Reconciliation Ordinance (NRO) judgment implementation case.


However, the court promised to “accommodate” the premier if a commitment was given on the day he appears.

A five-member bench, headed by Justice Asif Saeed Khosa, was hearing a petition moved by the federation seeking a review of the court’s July 12 order, through which it had directed Prime Minister Raja Pervaiz Ashraf to write a letter to Swiss authorities asking them to reopen graft cases against the president.

In a rare move, Law Minister Farooq H Naek himself approached the apex court on Thursday along with Attorney General Irfan Qadir to seek more time in order for the government to devise a plan regarding writing a letter to the Swiss authorities.

The court, however, turned down Naek’s request to postpone the hearing of the NRO case later than August 27, saying it would only be possible if the premier made a positive commitment that day.

“If the gentleman whom we have issued notice to, and whom we have great respect for due to his office, appears and makes a positive statement, we will certainly accommodate him; and if he fails to do so, then the law will take its course,” Justice Khosa said. The judge also told the law minister that “there will be no problem if he (the prime minister) utters two positive words.”

Justice Khosa reiterated the court’s stance, saying: “We have only issued direction in para 178 (of the NRO judgment) and stated that the status of Pakistan as damaged civil party be revived, we did not add anything, we did not mention the president or the prosecution, we do not want anything more than what we have written, we do not know why this exaggeration is going on; problem arises in the absence of commitment, we cannot terminate the proceedings you (the federal government; attorney general and law minister) can consider to withdraw the review if you feel that things are going in another direction.”

The law minister told the court that the government does not want to drag the matter or imply delaying tactics, adding that a decision cannot be taken by one man.

“I am very confident that if this case is adjourned till the first week of September, something very positive will come out of it,” Naek insisting.

He added that with Eid around the corner, the government does not have enough time for deliberation on the issue. “We want to appear before the court with some understanding,” he said.

After consulting other members of the bench, Justice Khosa told the law minister that this bench was different from the implementation bench, and could, therefore, not change the date.

Review petition

Meanwhile, the federal government seemed to be willing to reconsider its review petition against the court’s July 12 order.

During Thursday’s hearing, the attorney general told the court to put the decision on the review on hold, as he was seriously considering withdrawing it.

Justice Ejaz Afzal Khan remarked it would not create any impediment in the hearing of the main case. Justice Khosa observed that if the prime minister appeared before the court in the NRO proceedings, the review could become anfractuous.

Giving details of his meeting with Prime Minister Ashraf on Wednesday, Attorney General Qadir told the court that there was a genuine desire on part of the government to resolve the issue once and for all.

“We have taken serious deliberations, and have decided to take into confidence others who were not available yesterday,” Qadir said.


Published in The Express Tribune, August 17th, 2012.]]>
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			<title>NRO implementation: SC asks govt to reconsider review</title>
			<link>https://tribune.com.pk/story/422682/nro-implementation-sc-asks-govt-to-reconsider-review</link>
			<comments>https://tribune.com.pk/story/422682/nro-implementation-sc-asks-govt-to-reconsider-review#comments</comments>
			<pubDate>Wed, 15 Aug 12 21:19:18 +0500</pubDate>
			<dc:creator>
				<![CDATA[azam.khan]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=422682</guid>
			<description>
				<![CDATA[Attorney-general told to communicate decision by today; request for larger bench struck down.]]>
			</description>
			<content:encoded>
				<![CDATA[The government may have wanted to buy time for the premier by filing a review petition, but the court has informed it that an unsuccessful review will actually end up speeding up the process against the prime minister.


Hearing the government’s review petition against its July 12 order (in which Prime Minister Raja Pervaiz Ashraf was directed to write a letter to Swiss authorities to reopen graft cases against the president) on Wednesday, a five-judge bench of the apex court, headed by Justice Asif Saeed Khosa, had some advice for  Attorney-General Irfan Qadir: At this stage, it may not be fruitful for the government to exhaust all its options, given that the court could pass an order against the petition.

The government was warned that, if the review is struck down, the likelihood of which is high, then the process of holding the prime minister accountable, possibly even through contempt proceedings, would automatically be fast-tracked – given that future arguments in his defence would then already have been dealt with in this review.

The prime minister has already been given a show-cause notice and been asked to appear before the court on August 27 in connection with the National Reconciliation Ordinance (NRO) judgment implementation case.

Giving the government one day to reconsider its decision to go for a review,  the court asked Qadir to consult the government’s legal wizards and seek instructions as to whether or not the government wanted to press the petition.

The appeal was filed by the attorney-general last Wednesday after a show-cause notice was issued to Premier Ashraf after his failure to implement the NRO judgement. Just like the case of former premier Yousaf Raza Gilani, the notice to the incumbent was given under Section 17 of the Contempt of Court Ordinance 2003 read with Article 204 of the Constitution.

Bench composition 

A large part of the review petition, and the time it was supposed to consume, depended upon protests against the bench.

The first issue was the fact that one member of the five-member bench hearing the review had been changed. A review petition is supposed to be heard by the same judges who passed the initial order. However, one of the five original judges had gone on leave for religious reasons – leading the government to protest against the “haste” of the apex court. The government asked the court to adjourn the hearing of the review till after the Eidul Fitr holidays – after which that judge would be available.

This contention was, however, shot down by the court.

The attorney-general also requested the formation of a larger bench to hear the review, contending that the Supreme Court’s decision to strike down the contentious Contempt of Court Act 2012 and the government’s review petition in the NRO implementation case were interconnected and a larger bench should be formed.

This plea was also rejected.

Some headway?

There was some respite from what has become almost a scripted back-and-forth between the government and apex court.

At one point during proceedings, the attorney-general said that the government could write a letter if it did not mention the name of the president. At this, the court said that it had actually never asked the government to mention the president’s name – pointing out that the court wanted a letter written to Swiss authorities taking back the “illegal communication of former attorney general Malik Qayyum” – which had resulted in Pakistan removing itself as a party from graft cases against current president Asif Ali Zardari.

The court also re-explained its NRO judgment and said that the prime minister was not required to write the letter himself. In fact, it was his constitutional duty to obey court orders and authorise the relevant office for such communication to invalidate Qayyum’s unauthorised communication. “We are not asking for the prime minister’s handwritten letter,” Justice Khosa clarified.

The hearing of the matter will resume today (Thursday), when the attorney-general will come back with the government’s response to the court’s advice.

Published in The Express Tribune, August 16th, 2012.]]>
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			<title>Questions shroud caretaker PM’s mandate to write Swiss letter</title>
			<link>https://tribune.com.pk/story/422246/questions-shroud-caretaker-pm%e2%80%99s-mandate-to-write-swiss-letter</link>
			<comments>https://tribune.com.pk/story/422246/questions-shroud-caretaker-pm%e2%80%99s-mandate-to-write-swiss-letter#comments</comments>
			<pubDate>Wed, 15 Aug 12 04:43:01 +0500</pubDate>
			<dc:creator>
				<![CDATA[our.correspondent]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=422246</guid>
			<description>
				<![CDATA[Experts argue if interim govt should take decisions having long-term implications.]]>
			</description>
			<content:encoded>
				<![CDATA[If the interim administration comes into power before the NRO implementation case is resolved, it will have another issue to deal with apart from overseeing the parliamentary polls – which is pressure from the Supreme Court on writing the Swiss letter.


Experts say the Constitution does not distinguish between an elected premier and a caretaker prime minister and the Supreme Court has every right to issue the same directives to an interim chief executive.

There are, however, questions of morality on whether an administration that holds office for only a few months should be dragged into critical political issues such as the question of writing a letter to Swiss authorities to open graft cases against President Asif Ali Zardari.

A Supreme Court lawyer Salman Akram Raja says the interim administration is obliged to implement the court’s orders and maintains this could be the way out for both the ruling party and the judiciary. “PPP can have the satisfaction of not writing the letter while the court can eventually see its orders being carried out.”

Adviser to the Ministry of Parliamentary Affairs, Azhar Amrohi also concurs with Raja’s views. “There is absolutely no difference in the constitutional powers bestowed upon an elected and interim prime minister.”

Question of morality 

PPP stalwart Senator Raza Rabbani opines the Supreme Court should be wary of issuing any such orders to an interim government.

“It will be ethically and morally wrong on the part of a caretaker premier to write a letter to Swiss authorities if so directed by the Supreme Court.”

He feels the caretaker setup is only obliged to hold free and fair elections and
should not take any decisions which could have long-term implications. His fellow PPP member Amrohi, however, maintains the Supreme Court’s job is to interpret the constitution and not take into account political and moral issues.

Opposition’s views 

The largest opposition party the Pakistan Muslim League-Nawaz is understandably eager to see a letter being dispatched from Islamabad to Swiss authorities. However, it does not want the interim administration to come under fire for it.

“The letter has to be written and someone will have to write it … but we do not want the interim administration to be pressurised into it,” said PML-N Deputy Information Secretary Khurram Dastgir Khan.

Published in The Express Tribune, August 15th, 2012.]]>
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			<title>Immunity with impunity</title>
			<link>https://tribune.com.pk/story/414654/immunity-with-impunity</link>
			<comments>https://tribune.com.pk/story/414654/immunity-with-impunity#comments</comments>
			<pubDate>Sun, 29 Jul 12 18:05:23 +0500</pubDate>
			<dc:creator>
				<![CDATA[mubeen.bhatti]]>
			</dc:creator>
			<category><![CDATA[Opinion]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=414654</guid>
			<description>
				<![CDATA[There is also a viewpoint that the president has no immunity in light of Islamic injunctions.]]>
			</description>
			<content:encoded>
				<![CDATA[The sovereign will of the people does not give it the mandate to flout court orders and make self-serving laws. The primary function of parliament is to make and amend laws that foster security and the welfare of the people. The newly passed contempt of court law flouts the collective wisdom of this sovereign will.

This law provides immunity to a public office holder from contempt charges for not obeying court order(s). Public office holders are servants of the people and must be held accountable for their wrongful actions. Any immunity from charges of contempt of court may provide public office holders with the licence to implement only those decisions of the court that are conducive to their self-interests. As a result, society would be at the mercy of public office holders for dispensation of justice and the whole structure of checks and balances and separation of powers as enshrined in the Constitution would collapse. The law is a legislative act because it has been passed with a simple majority in parliament. Therefore, it is subordinate to the Constitution and may not survive any constitutional challenge.

The Constitution assigns the Court the very delicate duty of safeguarding human dignity and equality by observing a simple rule: ensuring that no one is above the law. Therefore, the Court is duty-bound to strike down any legislative act that violates the sovereign will of the people. In Mahmood Khan Achakzai v Federation, the Court has touched upon the doctrine of the basic structure of the Constitution. It observed that parliament cannot make a constitutional amendment, which adversely affects the basic structure of the Constitution, whose salient features, among others, include the independence of judiciary to dispense justice and implementation of its decisions in entirety. It is, therefore, quite likely that the contempt law would have been in grave danger even if it had been passed as a constitutional amendment with a two-thirds majority of parliament under Article 238.

With regard to the immunity that the president enjoys, Article 248(2) provides him immunity against criminal proceedings. However, writing the letter to Swiss authorities as per the decision taken in the NRO case has no immunity under any provision of Article 248. The question of immunity may arise after writing the letter, under Article 248(2). The federation may then be compelled to assert the claim of immunity, both in Pakistani and Swiss courts, with the president’s immunity only surviving in Swiss courts provided his immunity claim endures the constitutional challenge in the Pakistani Supreme Court.

There is also a viewpoint that the president has no immunity in light of Islamic injunctions. This opinion is rooted in Article 2A. It would be interesting to see if the Court adopts the doctrine of basic structure of the Constitution to declare Article 248(2) unconstitutional, or directs parliament to bring the immunity article in conformity with Islamic injunctions in light of the ruling it gave in Hakim Khan v Federation. Let’s watch the drama unfold.

Published in The Express Tribune, July 30th, 2012.]]>
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			<title>NRO implementation: Dismissing fears, SC offers cornered govt breathing room</title>
			<link>https://tribune.com.pk/story/413142/nro-implementation-dismissing-fears-sc-offers-cornered-govt-breathing-room</link>
			<comments>https://tribune.com.pk/story/413142/nro-implementation-dismissing-fears-sc-offers-cornered-govt-breathing-room#comments</comments>
			<pubDate>Wed, 25 Jul 12 22:01:26 +0500</pubDate>
			<dc:creator>
				<![CDATA[qamar.zaman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=413142</guid>
			<description>
				<![CDATA[Judge says courts do not want President to be prosecuted since he has immunity; advises govt to file review petition.]]>
			</description>
			<content:encoded>
				<![CDATA[Those charging the apex court, openly and discreetly, of brazenly victimising the Pakistan Peoples Party (PPP)-led government would have been caught off guard on Wednesday.


The Supreme Court, which, many charged, had set itself to make quick work of another prime minister, said that it did not plan on any “adverse” moves, and even offered a helping hand to the government to find a solution that could ‘vindicate’ both sides on an issue that has become an impasse: The writing of a letter to Swiss authorities retracting an earlier request to remove Pakistan from graft cases against President Asif Ali Zardari.

The issue has already cost one prime minister, Yousaf Raza Gilani, his seat. Gilani had continuously refused to write the letter despite a number of direct orders by the court.

During Wednesday’s hearing of the National Reconciliation Ordinance (NRO) implementation case, which includes the writing of the letter to Swiss authorities, Justice Asif Saeed Khosa observed: “It seems that the nation is terrified … for God’s sake don’t be; we do not want to send a PM home everyday … nothing adverse is going to happen at this juncture.”

Judge Khosa adjourned the case for two weeks, until August 8, after Attorney-General Irfan Qadir, representing the government, asked for time to make “serious and genuine efforts” to resolve the stand-off with the judiciary on the matter.

“Earlier, the entire country was looking at us and now it will be looking at you,” the bench observed.

On Tuesday, the attorney-general had urged the court to withdraw its orders, calling them “un-implementable” and contrary to the Constitution. “We trust that it is not impossible to bridge the gap between stated positions of the two institutions,” said Justice Khosa.

Immunity for the president

Khosa went on to add that the court did not want to derail the democratic system and even offered to write a letter to the Swiss authorities, if requested by the government, saying President Zardari had immunity from prosecution as head of state. However, the government never claimed presidential immunity under Article 248 of the Constitution, Khosa said.

“We are not asking for his [president] prosecution. He is our president as well, is a symbol of respect and dignity for all of us and is our face out of Pakistan,” the judge added.

The court observed that “a letter is to be sent to Swiss authorities for withdrawal of instructions passed by former attorney general Malik Abdul Qayyum but a political party (without naming PPP) has a stated position that it will not write the letter till Asif Ali Zardari is president.”

Politics is all about adjustments but “from your end adjustment is not possible,” Justice Khosa said while addressing the attorney-general.

Preconceived notions

Earlier, the court asked the attorney-general whether the “court order had been complied with or not” on three separate occasions. When the attorney-general replied in the affirmative, the bench said: “No you did nothing, except make plans to thwart implementation.”

The attorney-general went on to add that he had serious reservations about the orders of the court, saying former prime minister Yousaf Raza Gilani had been thrown out of office unconstitutionally.  When the court informed the attorney-general that he could raise these issues in a review petition, Qadir said the government would file a review but it needed time.

“You should have said it straight away that you need more time,” observed Justice Khosa, to which the attorney-general replied that he thought this request would have been denied by the court.  The judge pacified the otherwise firebrand Qadir, saying the court was at a loss about such perceptions, since the bench never made any such statements.

At one point in time, when the attorney-general asked Justice Khosa to recuse himself from the bench as he was not a part of this bench when the NRO case begun, the judge fired back by disclosing a candid conversation between the attorney-general and him.

“Let everybody know today that you (attorney-general) had visited Geneva twice and had told me that President Asif Ali Zardari was convicted for money laundering and you had also said that he (President) should be given more sentence,” said Justice Khosa, a claim confirmed by the attorney-general.

(Read: Tangled web)

Published in The Express Tribune, July 26th, 2012.]]>
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			<title>Tangled web</title>
			<link>https://tribune.com.pk/story/412933/tangled-web</link>
			<comments>https://tribune.com.pk/story/412933/tangled-web#comments</comments>
			<pubDate>Wed, 25 Jul 12 18:04:03 +0500</pubDate>
			<dc:creator>
				<![CDATA[editorial]]>
			</dc:creator>
			<category><![CDATA[Editorial]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412933</guid>
			<description>
				<![CDATA[We have then another stand-off between the Supreme Court and the government.]]>
			</description>
			<content:encoded>
				<![CDATA[We seem to have become caught up again in the same tangled web, which had ensnared our last prime minister and brought him down. Is Prime Minister Raja Pervaiz Ashraf now headed for a similar fate? We can only hope that this is not the case given the instability it would cause. Additionally, it would make us the laughing stock before the world due to the farcical nature of the entire situation. We seem to be going round and round on a circular route, with no means to escape. It is rather like being trapped on a merry-go-round that refuses to stop.

In the latest chapter of the NRO saga, the government wrote to the Supreme Court stating that it was unable to write the letter to Swiss authorities, as this would be a violation of the Constitution, which grants immunity to the president of the country. The reply to the Supreme Court emphasises the fact that the government is responsible for safeguarding the Constitution and if it has to write the letter seeking the reopening of cases, it would require the consent of the whole cabinet as the letter cannot be written by the prime minister acting on his own. This response was placed before the Supreme Court one day before Mr Ashraf was to appear before it. The line taken by the government’s legal team on the matter does not, however, appear to have impressed the Court. The Court has rejected the reply and suggested that a review petition may have been a more appropriate way to respond. It also stated that immunity for the president under the Constitution exists only as far as official acts are concerned.

We have then another stand-off between the Supreme Court and the government. This is not a pleasant situation to be in, all the more so given our experiences over the last months and how the tussle effectively clogged up the system, rendering it ineffective. We seem to be locked in the same situation again. The Court has given the prime minister until August 8 to write the letter to be dispatched to Geneva. We can for now only wonder how things will evolve or what the final outcome will be.

Published in The Express Tribune, July 26th, 2012.]]>
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			<title>Ashraf given two weeks to write Swiss letter or file review petition</title>
			<link>https://tribune.com.pk/story/412808/nro-case-federation-given-till-august-8-to-file-review-petition</link>
			<comments>https://tribune.com.pk/story/412808/nro-case-federation-given-till-august-8-to-file-review-petition#comments</comments>
			<pubDate>Wed, 25 Jul 12 05:52:27 +0500</pubDate>
			<dc:creator>
				<![CDATA[web.desk]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412808</guid>
			<description>
				<![CDATA[SC had rejected federation's reply on Tuesday, directing them to file a review petition.]]>
			</description>
			<content:encoded>
				<![CDATA[Following the dismissal of Prime Minister Raja Pervaiz Ashraf’s reply submitted a day earlier in the National Reconciliation Ordinance (NRO) implementation case, the Supreme Court granted Prime Minister Raja Pervaiz Ashraf till August 8 to write the Swiss letter, Express News reported on Wednesday.

The court also gave the federation the option to file a review petition against its July 12 verdict.

A five-member bench presided over by Justice Asif Saeed Khosa was hearing the case when, upon objections raised by Attorney General Irfan Qadir, Justice Khosa quit the bench.

The attorney general, among other objections had raised the issue that Justice Khosa was not a part of this bench when the NRO case begun, hence he should not be part of the bench now.

Earlier, the Supreme Court had rejected Prime Minister Raja Pervaiz Ashraf’s reply submitted to the court, saying that a plea for review of the court’s order should have been filed instead.

The court said that the objections raised mentioned those orders that the court issued to the prime minister on June 26 and July 12, but neither were the copies of these orders attached with the plea submitted nor are these orders revokable.

The court had also said that if the federation wished to get these orders repealed, then it should have, as per the rules and regulations of the Supreme Court, filed a plea for reviewing them.

The federation had submitted a reply on behalf of the Supreme Court on Tuesday which stated that Prime Minister Ashraf cannot write a letter to Swiss authorities.]]>
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			<title>Swiss letter: PM has to flout ‘unlawful’ court orders, govt tells SC</title>
			<link>https://tribune.com.pk/story/412723/swiss-letter-pm-has-to-flout-%e2%80%98unlawful%e2%80%99-court-orders-govt-tells-sc</link>
			<comments>https://tribune.com.pk/story/412723/swiss-letter-pm-has-to-flout-%e2%80%98unlawful%e2%80%99-court-orders-govt-tells-sc#comments</comments>
			<pubDate>Tue, 24 Jul 12 21:57:03 +0500</pubDate>
			<dc:creator>
				<![CDATA[qamar.zaman]]>
			</dc:creator>
			<category><![CDATA[Pakistan]]></category>
			<guid isPermaLink="false">https://tribune.com.pk/?p=412723</guid>
			<description>
				<![CDATA[Apex court rejects plea by AGP seeking ‘recalling’ of orders to premier to write letter.]]>
			</description>
			<content:encoded>
				<![CDATA[The desperation is evident.


The government attempted a curious move on the eve of a potentially-decisive hearing for Prime Minister Raja Pervaiz Ashraf regarding the implementation of court orders in the National Reconciliation Ordinance (NRO) case. As its reply, the government filed an application in court on Tuesday, in which the attorney-general argued that it was the premier’s “constitutional obligation” to disregard court orders that “negate the constitution.”

However, the move was summarily shot down by the apex court.

A day ahead of the crucial hearing of the NRO implementation case, which is to be heard today (Wednesday), Attorney-General Irfan Qadir submitted a civil miscellaneous application asking the court to “recall” its fresh directives to Prime Minister Ashraf to write a letter to the Swiss authorities against President Asif Ali Zardari. The ‘request’ was supported by a litany of complaints against the proceedings of the implementation case, and challenging the court’s jurisdiction to direct the premier to write the letter.

“Both orders of the Court (directing Premier Ashraf to comply with its orders) were violative of the Article 248 (1) of the Constitution … and that the resultant effect of the said orders was tantamount to a clear cut violation of Article 248 (2) of the Constitution,” the attorney-general argued in the application. “The Prime Minister ... by virtue of his oath is bound to preserve and protect the Constitution of Pakistan and is under a constitutional obligation to disregard any order of the Court which negates the constitution or the law,” he added.

After the disqualification of former prime minister Yousaf Raza Gilani, who was charged with contempt for non-compliance, his successor, Raja Pervaiz Ashraf, was also sent notices by the court on the same matter. First, on June 27, Premier Ashraf was given up until July 12 to inform the court of his intentions to follow its orders. On July 12, when his counsel argued that the new premier was awaiting instructions from the cabinet, the court gave a strong-worded warning, recalling the fate of his successor, Gilani. The court gave another date July 25 (today) for compliance, “failing which this court may initiate any appropriate action under the Constitution.”

But a day before the latest deadline, the government moved an application in court not only questioning the legality of the case, but also stating clearly that the premier could not implement the court’s order of writing a letter to Swiss authorities against President Zardari.

The attorney-general in the application said Prime Minister Ashraf cannot write the letter to Swiss authorities requesting them to reopen graft cases against the president without the cabinet’s approval. “…since the new Prime Minister has not received any such advice from his cabinet … he is, therefore, not obliged under the Constitution and the Rules of Business made thereunder able to do so.”

Irfan Qadir further contended that the Court’s orders of 27 June and 12 July were not in accordance with the laws, rules, and Constitution, and were illegal, unlawful, and without jurisdiction.

The application called sections of the court’s judgment on the NRO un-implementable. “…in this case, over 8000 persons were condemned unheard … many portions of paragraphs 177, 178 and 179 were not implementable. In fact such portions have not been implemented till date.”

However, in its summary dismissal of the application, the court turned down the request saying the reply had raised objections over court’s order of June 27 and July 12, and was more like a review petition.

Published in The Express Tribune, July 25th, 2012.]]>
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