ISLAMABAD - The Supreme Court on Wednesday approved the draft letter to be written by the government to the Swiss authorities for reopening the graft cases against NRO beneficiaries, including President Asif Ali Zardari.
The court, however, turned down Federal Minister for Law and Justice Farooq H. Naek’s request to dismiss the show-cause notice served on Prime Minister Raja Pervaiz Ashraf, stating a decision in this regard could be taken only after the issue of approaching the Swiss authorities is fully resolved. The court observed that it would become infructuous when the letter will be dispatched to the Swiss authorities.
On the statement of Farooq H. Naek that he did not want to press the review petition, filed by the Secretary Law on Tuesday against the September 18 order, the court dismissed the review petition.
A five-member bench headed by Justice Asif Saeed Khan Khosa, and comprising Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed heard the NRO implementation case.
It was the fourth draft letter from the government.  In the last three hearings, the court turned down the draft due to “deficiency” in it and had directed the Law Minister to improve it in line with para 178 of the NRO verdict.
On Wednesday after reading the draft letter, Justice Khosa said that effort had been made by the government.
Onset of the hearing, Farooq H Naek, while presenting the draft letter to the bench, said that judges know justice better and “let the justice be done,” adding that the government wants democracy to flourish in the country, therefore “I have another draft letter written in line with para 178 of the NRO judgment”.
The judges, after having a glance at the draft in the courtroom, retired for 15 minutes to discuss it in the chambers.  After half-an-hour, they assembled in the courtroom and announced the decision.
“We find that the proposed communication conforms to the requirements of paragraph 178 of the NRO judgment and it also addresses the relevant concerns of the Government of Pakistan voiced before this court by the Prime Minister on September 18, 2012.”
The approved draft letter, addressed to the Attorney General Geneva, Switzerland, reads: “This is with reference to the letter dated 22nd May, 2008 addressed by Malik Muhammad Qayyum to Daniel Zappelli, Attorney General, Geneva, Switzerland. In view of the directions given by the Supreme Court of Pakistan in paragraph 178 of its judgment dated 16th December 2009 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,” it read.
Naek informed the court 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 to his representative.
He said that this process is likely to take about four weeks as the draft would have to be translated into French.
The court, granting his request, said: “Let the needful be done by the government within a period of four weeks from today,” and directed that the 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.
Naek was also ordered to place the relevant summary for the Prime Minister, a copy of the Prime Minister’s order regarding authorisation, a copy of the authorisation and a copy of the actual letter/communication (with its diary number, date and signatures) dispatched to Switzerland.
The case was adjourned till November 14.
After the hearing, talking to the reporters on the Supreme Court premises, Naek welcomed the ruling, saying: “It is a victory of justice.”
He insisted that “no national wealth has been plundered.”
“No case has ever been proved against President Asif Ali Zardari, neither in Pakistan nor abroad,” he added.
Senator Aitzaz Ahsan also spoke to journalists on the SC premises. He acknowledged that his and Babar Awan, former Law Minister’s failure to convince the court on the issue of the letter.
He, however, said the Supreme Court has shown flexibility while dealing with the government in the NRO implementation case.
Aitzaz said the court has acknowledged reservations of the government on the issue of writing a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari. “Which is a good thing,” he added.
Supreme Court Bar Association President Yasin Azad appreciated both the judiciary and the executive for resolving the longstanding issue. He also demanded the government hold general elections in time.
A showdown over writing letter to the Swiss authorities dragged on for nearly three years. Since December 2009, the Supreme Court has insisted that the government re-open multi-million-dollar graft cases against President Asif Ali Zardari in Switzerland.
Syed Yousuf Raza Gilani, the former prime minister’s point view was that President Zardari enjoys constitutional immunity from prosecution under Article 248 “and anyone who would write a letter against him to Swiss authorities would commit treason.”
For refusing to write letter to the Swiss authorities, he was convicted and ousted.

SC approves immunity-inclusive Swiss letter