It was his last chance to speak for the prime minister, and it didn’t go very well.
The prime minister’s counsel, Aitzaz Ahsan, admitted before a seven-judge bench of the Supreme Court (SC) on Friday that writing a letter to Swiss authorities had nothing to do with presidential immunity.
But in a last-ditch attempt to defend the premier’s actions, he added that writing a letter would humiliate the supreme commander of the armed forces, President Asif Ali Zardari.
The court, however, was not willing to see things from Aitzaz’s point of view. The bench observed that writing a letter to the authorities was a matter of civil rights – it should not be taken as a move against the president.
Non-responsive bench
A sceptical Justice Nasirul Mulk, presiding over the bench, observed that the SC’s verdict had stated clearly that a letter must be written immediately to authorities to reopen graft cases against the president, and that the prime minister was fully aware of this order. “Is this not wilful disobedience of the court’s order? Is the prime minister not entitled to contempt, as even today he is not ready to implement the same?” asked Justice Mulk.
Aitzaz pointed out that records do not confirm that the prime minister was aware of court orders – he had acted upon summaries and advice, he said.
Justice Ejaz Chaudhry expressed concern over the precedent set by the prime minister’s reluctance to implement court order by merely saying it was not implementable.
The bench also observed that it was not the SC that had levelled graft charges against President Zardari, but the Swiss authorities themselves. Aitzaz’s reply to this was that heads of states do not surrender their sovereignty in front of another country’s magistrate.
He also brought into question why the proceedings were being held in the apex court in the first place. According to the premier’s counsel, it was in violation of Article 10 A of the constitution for the same bench which had initiated contempt proceedings to conduct the trial. Aitzaz also said that the trial should have been conducted by session court, saying proceedings in the case were started even before relevant material was collected.
This argument did not hold well with Justice Ejaz Chaudhry, who told Aitzaz to not “drag 10A into the case anymore”.
Sum-up of arguments
Aitzaz’s concluding arguments reiterated that the prime minister held the court and the judiciary in the highest respect. The counsel was keen to point out the prime minister’s catch-22: On the one hand, he must implement the judgment of the court, and on the other hand, respect the dignity owed to the office of the president of Pakistan – irrespective of who occupied the office.
Aitzaz also outlined the president’s role: He is a symbol of the federation, a prominent component of parliament and supreme commander of its armed forces. To expose him in any manner to jeopardy before a foreign magistrate was a humiliation, not only to the office but to the sovereignty of the state.
He did accede, however, that the judgment and order to the SC needs to be implemented – but only upon the relinquishment of the incumbent president’s office. In this case, the prime minister’s behaviour was therefore not contemptuous, as he only seeks for the letter to be written after the president leaves office.
The apex court adjourned the hearing till April 24. The attorney general, who is also prosecutor in the case, will start his arguments.
Published in The Express Tribune, April 21st, 2012.
COMMENTS (8)
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@Ahad: Its the hype created by media and PML(N) to make federal government look bad, just compare food prices with other countries. I was in Sri Lanka recently, 50 grams of onions cost Rs, 60 there, look at the fuel prices in countries around us. People are shielded from knowing how global economy works, by their ignorance and illitracy in Pakistan, This void of (not-knowing) leads you to believe that one single person is the source of all problems we face today. I can come up with a list of victories federal government have accomplished. But who cares, Punjab government is plundering punjabis but god forbid how dare we to blame Sharif bros. from Raiwind sharif. In my opinion its the RELIGIOUS RIGHT in cohorts with PML(N) and other right wing nuts, that are holding us back. We can never achieve anything until we are able to rein in that crazy segment of our society that wants to create troublesome environment in which we are able to launch attacks on reasonable mainstream people of the world.
Is it Catch-22? If he writes the letter, the President will pack him off, if he doesnt write the letter, the supreme court will pack him off.
But knowing Pakistan political history, the PM is MUCH safer in not writing the letter, wait for the next PPP govt, where he will be furhter rewarded to further plunder the nation.
And we Pakistani have a memory span of 3-days only.
So what Catch-22.....JUST DON'T WRITE THE LETTER.
@Mirza: the same way as supporters of ayub khan supported ZAB, and then they supported BB and now they are supporting AZ... if you think ZAB and AZ are equal then it is ok...
read the story again..it says aitzaz did not have any solid argument... and for your info AZ is not the symbol of the federation...just look at his speeches..he is the co-chairman of the PPP looters... i am astonished at your intellectual capacity that you accept a 23 year kid to be your leader... the height of inferiority complex...
Every day comes with new scandal and strange things to hear ,.. Must pray ;God bless us with honourable and dignified leaders.Aameen
A very simple question that can explain a lot. When Gen Mush threw these PCO judges in detention with their families, was Mush right or the judges were right? They both cannot be right at the same time. It is ironic that Mush's supporters are now supporting the same activist judges who Mush did not like at all and threw them in detention. What kind of character these people have? The history would prove who was right and who was wrong. One fact remains these judges have not made one single historic decision regarding Balochistan, common men, M. Mai, OBL's presence, GHQ attack, Karachi situation, Asghar Khan's case and Bugti's murder to name a few. Not a single historic or major decision after Mush's departure. Cases are rotting for decades without hearing.