Swiss cases against Zardari to haunt new PM

LAHORE - Order of the Supreme Court of Pakistan of December 16th, 2009 for writing letter to the Swiss authorities for reopening graft cases against President Asif Ali Zardari will continue to haunt the new Prime Minister till its implementation. The court order is still standing and in case the upcoming Prime Minister or his successor bypassed its implementation, the end will be the same as that of Syed Yousuf Raza Gilani, say the jurists. From the background facts, it appears hard that the PPP government will take to the course of implementation of writing letter.Whoever the next Prime Minister or any other future PM is ,the decision will remain the same. Despite the said possibility, the question remains as to how the new Prime Minister will know about his responsibility towards implementation of the SC order and how much time he can take in this regard? That whether the Prime Minister can take time to act upon the NRO decision on the plea that he has to constitute the Cabinet and take care of other necessities of the office? That what modus operandi will be available to the new Prime Minister to implement the NRO decision and what consequences can fall on him in case he totally bypasses the decision? That if the Assembly is dissolved and new elections are announced whether in that event the NRO implementation will remain a necessity?.Jurists say that SC order of the said date is to the office of the Prime Minister as such the order will remain there requiring the Chief Executive of the government, means Prime Minister, to act upon. As such under procedure, he will be intimated about the NRO case by his Secretariat and may be by the court without any further taking the matter under review. The NRO case after passing through the review stage, is a closed transaction, however, fresh contempt of court proceedings may kickstart if paragraph 78 of the decision is not given effect. They say the removal of Syed Yousuf Raza Gilani as Prime Minister has further emphasised and highlighted the need of writing to the Swiss authorities in compliance with the court order and even more serious consequences than mere disqualification may follow, if the order continued to be ignored by the executive side.The process of writing to the Swiss authorities is the same as mentioned by the court in relation to Gilani that if the Law Department is not sending him summary, he should himself write the letter as executive head.Former Law Minister S.M. Zafar says the SC can inform the new Prime Minister about the decision however if the Prime Minister himself initiates the process of writing the letter without waiting for the summary or the court intimation, it will go his advantage. However he said, the court may grant the new PM some time to do the job and despite that he does not carry out the decision contempt will be initiated, which, he adds, may be proceeded afresh for fresh defiance. Senior jurist Salman Akram Raja is of the view that NRO needs implementation by the Prime Minister as soon as possible ,however, it may be for consideration of the court to give some days if the PM pleads that his Cabinet is in the process of formation and time is required for necessary working. Albeit that period may not be long but limited to a week or so. Raja says for all practical purposes, the NRO decision is in the field yet the court may also inform the new PM about it or the PM Secretariat can bring the same into his notice. Raja says implementation of the decision will be binding on the caretaker Prime Minister if the new elections are announced. Senior jurist Muhammad Azhar Siddiqui says the SC has decided the contempt of court matter while the implementation case is still pending hearing. He said in case the new Prime Minister did not implement NRO decision, the SC may resort to that option of the earlier enlisted six, which pertains to the constitution of commission for writing to the Swiss authorities. The government has no escape from writing the letter and the more it drags its feet the more it will land itself into trouble, he added.

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