Zardari enjoys immunity

Prime Minister Yusuf Raza Gilani’s lawyer Barrister Aitzaz Ahsan told the Supreme Court on Wednesday that his client cannot write a letter to Swiss authorities to re-open graft cases against President Asif Ali Zardari as ordered by it, because of Zardari’s international immunity. However, the counsel said that the prime minister never stated that he would not follow its orders, but he cannot comply with it until Zardari holds the office of the president. Ahsan said that the president enjoys exemption from prosecution in 198 countries. He argued that the court initiated proceedings against the prime minister all of a sudden. “The prime minister has the right to make his own decisions,” Ahsan added. Earlier only the law secretary was ordered to write the letter, not the prime minister. He said that Attorney General Maulvi Anwaarul Haq should have been a witness in the case. Haq told the bench that he would not submit any more evidence or witnesses before it. A member of the bench Justice Asif Saeed Khosa remarked that if Gilani pleads guilty, “then we can think about leaving the matter up to the people.” Ahsan said that the court had not asked Gilani to write a letter to the Swiss authorities, but four others were directed to send summaries to the prime minister on the matter. He said that he still believes that the letter to the Swiss authorities should not be written while Zardari was president because he has immunity under international law. Ahsan said that his stance is not that the court order will not be implemented, but it was that it will be implemented later. The lawyer said that the attorney general did not inform the prime minister about the apex court decision against the National Reconciliation Ordinance (NRO). He said that only the prime minister was held responsible for contempt though the former attorney general and the former law secretary advised Gilani not to write the letter to Swiss authorities. Ahsan said that he was neither asking the court to review its order nor was he stating that the NRO verdict was wrong. He said his argument was that the implementation of the relevant part of the NRO ruling was not possible because the president enjoys immunity under international law Former attorney general Anwar Mansoor and former Law Secretary Justice (retd) Aqil Mirza sent the advice to Gilani, telling him that the president enjoys immunity and that the letter cannot be written, Ahsan said. Justice Sarmad Jalal Osmani remarked that the court was never informed about Gilani’s view “Do you want to say that the prime minister had no mala fide intention,” Justice Khosa asked. Ahsan said the attorney general should be standing in the witness box to answer why the premier’s comments were not conveyed to the court. On March 8, the bench adjourned the hearing of contempt case against the prime minister asking him to submit his written reply by March 19 after writing the requisite letter. It said that if he wants to appear before the bench, it may record his statement on March 21. In compliance of court order, Ahsan filed Gilani’s written statement with the bench on March 19. In his statement, the prime minister said that he had committed no contempt by not writing the letter to the Swiss authorities due to the immunity enjoyed by the president. Gilani said it would be humiliating for Pakistan to submit the president before a foreign magistrate and suggested that the best recourse will be to send this issue to the parliament to take a decision like the court had done wisely in dealing with matters like appointments in the higher judiciary. The prime minister said he believed that the sovereign state of Pakistan cannot, must not and should not offer its incumbent head of state, symbol of Federation, the most prominent component of parliament, and the Supreme Commander of its Armed Forces for a criminal trial in the court of a foreign magistrate, during the term of his office. Ahsan told the reporters that he would appeal against any interim order of the present bench that might be issued. He said the prime minister was not necessarily aware of each and every development taking place in the government. He cited the example of the Indian Prime Minister Manmohan Singh relating to the imprisonment of one of his ministers in a massive fraud. He explained that he has not talked about the immunity that the president has from prosecution under Article 248 of the Pakistan Constitution, but hasdiscussed the international protection that Zardari has as the head of state The proceedings were adjourned to Thursday and it was decided to hold day-to-day hearing of the contempt case. The bench comprised Justice Nasirul Mulk, Justice Asif Saeed Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed.