Full text of Supreme Court order in Swiss letter case
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
COMMENTS (7)
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How much time it has taken. write. no. why? due to immunity. At last, wrote,under agreed mind.
We are great nation.We respect time. have you seen that is non rejectable circumstancial evidence. .
Thanks God a nerve breaking case is now finally near its resolution, i mean so long letter is not practically sent, matter still be considered unresolved. But I fail to understand why four weeks have been given when a draft is already handy. Even if it is to be translated, it is a few minutes job and its delivery thru Embassy bag is again a couple of days job. I still suspect a hypocrite approach and doubt sincerity of the government. I feel when four weeks will be near, government may say we could not find the translator hence some more time be given which under the present scenario court may allow and matter lingered on till PPP government is ousted.
just fail to understand that why this merely 10 lines letter took 2 years to be finally just drafted yet. The text is not at all extra ordinary and I being a non-legal expert can write much better than that. The use of words is also pathetic as mentioned by Mahesh letter is hereby withdrawn and may be treated as never written instead better verse could have been letter stands withdrawn and cancelled ab-in-itio and to be treated as never written..... It can be sent by fax in minutes or by using speed post reach its destination in maximum 72hrs. Sheer wastage of time of people of Pakistan and just to avert their attention from the core issues and probably Honáble SC is just helping them unknowingly to achieve their objectives - with due respect
I just fail to understand that why this merely 10 lines letter took 2 years to be finally just drafted yet. The text is not at all extra ordinary and I being a non-legal expert can write much better than that. The use of words is also pathetic as mentioned by Mahesh letter is hereby withdrawn and may be treated as never written instead better verse could have been letter stands withdrawn and cancelled ab-in-itio and to be treated as never written..... It can be sent by fax in minutes or by using speed post to reach its destination in maximum 72hrs. Sheer wastage of time of people of Pakistan and just to avert their attention from the core issues and probably Honáble SC is also helping them unknowingly to help achieve their objectives - with due respect..
I cannot believe how Aitzaz Ahsan is distorting facts now:
He says that he was hurried by the court and implies that this way out was not offered to him! - HE REFUSED TO WRITE THE LETTER - THIS PM HAS ACCEPTED THE COURT'S ORDER TO WRITE THE LETTER!!!!
He says that the court has accepted the President's immunity - WHAT DRIVEL - THE LAST PARA SAYS THAT THIS LETTER IS WITHOUT PREJUDICE TO THE DEFENSES / IMMUNITY THAT MAY BE AVAILABLE TO THE PRESIDENT!!! DOES NOT SAY THAT THE PRESIDENT HAD IMMUNITY.
Please also do not say that the court has shown flexibility - this is precisely what they had asked to do in the first place.
Insertion of sentence -may be treated as never written- does not go well.Ego of Judges of Supreme court is satisfied at the expense of tax payers money.In west Rule of prevails and not distorted at somebody's whim.
If they fax it, it'll take less then four weeks, infact, less then four hours. But then they need to translate the letter into French... I'm pretty sure, the AG in Switzerland, can read English.. Unlike the majority of our Politicians, all of them in Switzerland are most probably EDUCATED