Government stands its ground
Law secretary says Swiss cases against President Zardari cannot be re-opened while he occupies the office.
ISLAMABAD:
The ‘Compliance Report’ on the NRO verdict submitted by the federation to the office of the Supreme Court’s Registrar on Thursday said that the government was firm in its stance that it would not write to the Swiss government to initiate cases against President Asif Ali Zardari, who, according to the government’s legal brains, enjoys full immunity under the Constitution.
The reply appears to be setting the stage for another possible executive-judiciary showdown.
“Writing a letter to the Swiss authorities is a conflict with the national sovereignty because the Constitution under Article 248 doesn’t allow such a move against the President,” said a six-page report studied by The Express Tribune.
The report has been submitted in response to CMA1238-1239/2010 [Suo motu Action regarding appointment of convicted person namely Ahmed Riaz Sheikh (NRO beneficiary)]. The case is being heard on Friday (today).
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing the case against the non-implementation of the Supreme Court’s verdict on the NRO. Justice Tariq Pervez and Justice Ghulam Rabbani are the other judges on the bench.
A curious thing happened when the law ministry bypassed the rules by not sending a copy of the report to Attorney General Maulvi Anwar-ul-Haq till late night on Thursday.
The content of the summary prepared by Law Secretary Masood Chishti stated: “The Constitution doesn’t allow any such move which leads the president towards legal complication. Therefore, no such case against Mr Zardari can be initiated or even re-opened while he is the President.”
Masood Chishti further said that a detailed summary regarding re-initiating of Swiss cases has already been sent to Prime Minister Yousaf Raza Gilani.
“The court’s order to re-initiate cases against the supreme leader of the state is a clear-cut violation of international law,” he said and added, “The proceedings of any case can’t be conducted against the President because he is also the commander-in-chief of the armed forces.”
Besides, legal brains believe that as the law secretary wrote to the prime minister that the letter couldn’t be written, he could find himself in the eye of the storm with the SC directing its wrath upon his person.
A legal expert Dr Khalid Ranjha was of the view that “if it happens then contempt of court proceedings can be initiated against the law secretary.”
The PM is safe now because the whole responsibility falls on the law secretary, he said.
Meanwhile, Attorney General Maulvi Anwar-ul-Haq says: “The Supreme Court warned me the third time to appear with a ‘Compliance Report’, which surely is to fulfill the order of the Supreme Court regarding reopening the Swiss cases as well as all the NRO cases.”
I several times advised the government to write a letter to the Swiss authorities for implementation of the court order, he added.
It may be mentioned here that Chief Justice Iftikhar Muhammad Chaudhry on Tuesday directed Law Secretary Masood Chishti to send a summary to the PM for initiating the Swiss cases.
Published in The Express Tribune, September 24th, 2010.
The ‘Compliance Report’ on the NRO verdict submitted by the federation to the office of the Supreme Court’s Registrar on Thursday said that the government was firm in its stance that it would not write to the Swiss government to initiate cases against President Asif Ali Zardari, who, according to the government’s legal brains, enjoys full immunity under the Constitution.
The reply appears to be setting the stage for another possible executive-judiciary showdown.
“Writing a letter to the Swiss authorities is a conflict with the national sovereignty because the Constitution under Article 248 doesn’t allow such a move against the President,” said a six-page report studied by The Express Tribune.
The report has been submitted in response to CMA1238-1239/2010 [Suo motu Action regarding appointment of convicted person namely Ahmed Riaz Sheikh (NRO beneficiary)]. The case is being heard on Friday (today).
A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry is hearing the case against the non-implementation of the Supreme Court’s verdict on the NRO. Justice Tariq Pervez and Justice Ghulam Rabbani are the other judges on the bench.
A curious thing happened when the law ministry bypassed the rules by not sending a copy of the report to Attorney General Maulvi Anwar-ul-Haq till late night on Thursday.
The content of the summary prepared by Law Secretary Masood Chishti stated: “The Constitution doesn’t allow any such move which leads the president towards legal complication. Therefore, no such case against Mr Zardari can be initiated or even re-opened while he is the President.”
Masood Chishti further said that a detailed summary regarding re-initiating of Swiss cases has already been sent to Prime Minister Yousaf Raza Gilani.
“The court’s order to re-initiate cases against the supreme leader of the state is a clear-cut violation of international law,” he said and added, “The proceedings of any case can’t be conducted against the President because he is also the commander-in-chief of the armed forces.”
Besides, legal brains believe that as the law secretary wrote to the prime minister that the letter couldn’t be written, he could find himself in the eye of the storm with the SC directing its wrath upon his person.
A legal expert Dr Khalid Ranjha was of the view that “if it happens then contempt of court proceedings can be initiated against the law secretary.”
The PM is safe now because the whole responsibility falls on the law secretary, he said.
Meanwhile, Attorney General Maulvi Anwar-ul-Haq says: “The Supreme Court warned me the third time to appear with a ‘Compliance Report’, which surely is to fulfill the order of the Supreme Court regarding reopening the Swiss cases as well as all the NRO cases.”
I several times advised the government to write a letter to the Swiss authorities for implementation of the court order, he added.
It may be mentioned here that Chief Justice Iftikhar Muhammad Chaudhry on Tuesday directed Law Secretary Masood Chishti to send a summary to the PM for initiating the Swiss cases.
Published in The Express Tribune, September 24th, 2010.