ISLAMABAD - The Supreme Court Wednesday again urged the government to write to the Swiss authorities, saying they do not have any personal grudge or bias against anyone but want return of public money stashed away in Swiss banks.Justice Asif Saeed Khan Khosa told PM’s counsel Aitzaz Ahsan, “We never asked for prosecuting the president but ordered to revive Pakistani claim on the laundered money lying in Swiss banks.” He said the court was neither against President Asif Ali Zardari nor Prime Minister Yousuf Raza Gilani but wanted the implementation of 17-member bench’s judgment on NRO.Heading a three-member bench that heard the contempt of court matter against the prime minister, Justice Nasirul Mulk said the 17-member bench while dismissing the review petition gave specific direction to implement the December 16 judgment in letter and spirit without further delay.Aitzaz Ahsan reiterated his stance that as long as Mr Zardari is president the letter can’t be written to Swiss authorities. He said he expected the court to refrain from pressing the prime minister on the letter issue. The parliament, he said, was the only authority that can make constitutional amendments and it can nullify any court order.Aitzaz completed his argument on article 10A of the constitution and started arguing the immunity under international law. He briefed the court about Vienna Convention. Justice Athar Saeed questioned whether Zardari was president when former attorney general Malik Qayyum wrote letter for withdrawing legal mutual assistance. Justice Khosa said: “Writing letter will not cause harm to the worthy president.”Justice Sarmad Jalal Osmany questioned whether the head of state is accountable before the court. Aitzaz replied the president was answerable to the courts in Pakistan, but in accordance with the constitution and he was not accountable to the foreign courts. Giving his formulation on the point of international immunity to head of state he said: “The head of state enjoys absolute immunity under international law from the jurisdiction of all the courts all over the world in all civil and criminal matters.”Justice Nasir asked how the question of presidential immunity was relevant in the case at hand as they have ordered the PM to write letter to Swiss authorities for reopening graft cases against NRO beneficiaries. The court asked Aitzaz that ‘if you say the president has immunity then claim it before the Swiss courts’, as this was the matter between the accused and the Swiss authority.Justice Nasir asked the counsel to read the letter of Malik Qayyum, which he wrote to the Swiss on 6-11-1997 to withdraw right of becoming civil party and seeking legal mutual assistance regarding laundered money in the Swiss banks, and then remarked, ‘but you are saying that the letter could not be written against President Asif Zardari’. Justice Khosa said: “We are asking you to write letter against other accused.”Earlier, on many occasions during the case proceedings Aitzaz had stated that there was no other accused except President Zardari whose cases were pending in Switzerland. However, during Wednesday’s hearing he admitted that late Benazir Bhutto and Nusrat Bhutto were also accused in the case along with President Zardari.Justice Khosa said all over the world it was settled law that no trial could be held against the dead persons, then why the PPP leaders were making it an issue that writing letter to the Swiss authorise was tantamount to the trial of Benazir Bhutto’s grave. As Benezir and Nusrat Bhutto are no more in this world therefore there was no question of their trial, he added.Justice Khosa asked Aitzaz not to equate the cases in Swiss with those in Pakistani courts. “The matter in Switzerland is of money laundering, but here (in Pakistan) it is related to kickbacks.” Addressing Aitzaz, he remarked, “You say that cases in the Switzerland were closed on merit. But according to the documents the Swiss appellate court remanded the case to lower court as it awarded less (than appropriate) sentence.”Aitzaz requested that the case be referred to larger bench, asking the three-member bench not to use ‘coercive measures’ for the implementation of its order. Justice Khosa remarked that it seems strange that the applicant (PM) was saying that he did not follow the court order because someone else has the immunity. He said the immunity has to be invoked, saying that suppose if the prosecutor appear before the Swiss court then he would tell the court that President Zardari enjoys immunity. The bench asked the counsel to conclude his arguments tomorrow and adjourned the hearing until Thursday (today).
ISLAMABAD - The Supreme Court Wednesday again urged the government to write to the Swiss authorities, saying they do not have any personal grudge or bias against anyone but want return of public money stashed away in Swiss banks.Justice Asif Saeed Khan Khosa told PM’s counsel Aitzaz Ahsan, “We never asked for prosecuting the president but ordered to revive Pakistani claim on the laundered money lying in Swiss banks.” He said the court was neither against President Asif Ali Zardari nor Prime Minister Yousuf Raza Gilani but wanted the implementation of 17-member bench’s judgment on NRO.Heading a three-member bench that heard the contempt of court matter against the prime minister, Justice Nasirul Mulk said the 17-member bench while dismissing the review petition gave specific direction to implement the December 16 judgment in letter and spirit without further delay.Aitzaz Ahsan reiterated his stance that as long as Mr Zardari is president the letter can’t be written to Swiss authorities. He said he expected the court to refrain from pressing the prime minister on the letter issue. The parliament, he said, was the only authority that can make constitutional amendments and it can nullify any court order.Aitzaz completed his argument on article 10A of the constitution and started arguing the immunity under international law. He briefed the court about Vienna Convention. Justice Athar Saeed questioned whether Zardari was president when former attorney general Malik Qayyum wrote letter for withdrawing legal mutual assistance. Justice Khosa said: “Writing letter will not cause harm to the worthy president.”Justice Sarmad Jalal Osmany questioned whether the head of state is accountable before the court. Aitzaz replied the president was answerable to the courts in Pakistan, but in accordance with the constitution and he was not accountable to the foreign courts. Giving his formulation on the point of international immunity to head of state he said: “The head of state enjoys absolute immunity under international law from the jurisdiction of all the courts all over the world in all civil and criminal matters.”Justice Nasir asked how the question of presidential immunity was relevant in the case at hand as they have ordered the PM to write letter to Swiss authorities for reopening graft cases against NRO beneficiaries. The court asked Aitzaz that ‘if you say the president has immunity then claim it before the Swiss courts’, as this was the matter between the accused and the Swiss authority.Justice Nasir asked the counsel to read the letter of Malik Qayyum, which he wrote to the Swiss on 6-11-1997 to withdraw right of becoming civil party and seeking legal mutual assistance regarding laundered money in the Swiss banks, and then remarked, ‘but you are saying that the letter could not be written against President Asif Zardari’. Justice Khosa said: “We are asking you to write letter against other accused.”Earlier, on many occasions during the case proceedings Aitzaz had stated that there was no other accused except President Zardari whose cases were pending in Switzerland. However, during Wednesday’s hearing he admitted that late Benazir Bhutto and Nusrat Bhutto were also accused in the case along with President Zardari.Justice Khosa said all over the world it was settled law that no trial could be held against the dead persons, then why the PPP leaders were making it an issue that writing letter to the Swiss authorise was tantamount to the trial of Benazir Bhutto’s grave. As Benezir and Nusrat Bhutto are no more in this world therefore there was no question of their trial, he added.Justice Khosa asked Aitzaz not to equate the cases in Swiss with those in Pakistani courts. “The matter in Switzerland is of money laundering, but here (in Pakistan) it is related to kickbacks.” Addressing Aitzaz, he remarked, “You say that cases in the Switzerland were closed on merit. But according to the documents the Swiss appellate court remanded the case to lower court as it awarded less (than appropriate) sentence.”Aitzaz requested that the case be referred to larger bench, asking the three-member bench not to use ‘coercive measures’ for the implementation of its order. Justice Khosa remarked that it seems strange that the applicant (PM) was saying that he did not follow the court order because someone else has the immunity. He said the immunity has to be invoked, saying that suppose if the prosecutor appear before the Swiss court then he would tell the court that President Zardari enjoys immunity. The bench asked the counsel to conclude his arguments tomorrow and adjourned the hearing until Thursday (today).