Swiss letter when Asif not President: Aitzaz

ISLAMABAD – Aitzaz Ahsan,the counsel for Prime Minister Syed Yousuf Raza Gilani on Friday contended that the conduct of the Prime Minister is not contemptuous as he has no intention of flouting the judgement of the Supreme Court and seeks that the implementation of the judgement to the extent of writing letter to Swiss authorities for reopening graft cases be postponed till the time Asif Ali Zardari holds the office of the President.He stated: ‘The PM (respondent in the case) bows before the Supreme Court and His Majesty but seeks only to hold the implementation of judgement regarding writing letter to Swiss authorities’.‘Such justification may kindly be accepted in defence of the charges and the contempt of court may be graciously discharged’, he prayed.A seven-member bench headed by Justice Nasir-ul-Mulk was hearing the contempt of court against the Prime Minister for willfully defying the court in implementing the NRO judgement.Aitzaz Ahsan while concluding his arguments in the Prime Minister contempt of court proceedings stated that his client holds the court and the judiciary in highest respect but he is caught between implementing the Supreme Court order and due respect of the office of the President, irrespective of who is presently occupying it.Aitzaz has argued this case for two weeks, in which he discussed the Article 10-A, international immunity to Head of State and that PM did not willfully defied the court order ,therefore, it does not amounts to contemptuous.  The PM counsel said that the President is the symbol of Federation and the most important component of Parliament and Supreme Commander of Armed Forces ,therefore, even to suggest that he should in any manner be exposed to foreign magistrate would damage the office and sovereignty of the State.He stated that the judgements and order of the Supreme Court need to be implemented and even the National Reconciliation Ordinance (NRO) judgement to the extent to write letter must and will be implemented upon the relinquishment of the office of President by the incumbent President Asif Ali Zardari. During the proceedings, Aitzaz Ahsan contended that under the national as well as international law, neither a letter could be written against the President, nor it should be written.Justice Sarmad Jalal Osmany confronting Aitzaz said when your stance is that immunity to Head of State remains even if it not invoked then the Swiss authorities would also be aware of it.  He said that how legally and technically possible that upon writing letter the Swiss court will start prosecution, adding, the apex court wanted that letter to Swiss authorities should be written to revive the claim of becoming third party on money lying in Swiss banks. Justice Ijaz Afzal noted that the Prime Minister was firm on not obeying the court orders. ‘Can any one say that he will implement the court order by his own will’, he inquired. Aitzaz contended that writing the letter was tantamount to withdrawing the immunity of the President.Justice Asif Saeed Khan Khosa noted that it seemed as if the Prime Minister would not write letter during his (PM) tenure.‘If it happens, every one would do so on different pretexts’, Justice Muhammad Ather Saeed observed.The court adjourned hearing for Tuesday (April 24th), directing Attorney General Irfan Qadir, who is acting as prosecutor in the contempt case, to start his arguments on Tuesday.

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