There has been a major constitutional crisis in the country ensuing the Supreme Court's judgment in the NRO Case, which I think could have easily been avoided by a pragmatic approach by the Government. The Prime Minister has been convicted for committing contempt of court by the Supreme Court of Pakistan by not writing a letter to the Swiss Authority as directed by the Supreme Court and the Speaker has decided that no question of his having thus become disqualified to be a member of the National Assembly has arisen that needs to be referred to the Election Commission. This is not, however, going to settle the issue.
Now, the Prime Minister had publicly claimed that if he had written a letter to the Swiss Authorities in compliance with the Supreme Court's directions he would have violated the constitution and be liable to be hanged. He did not say what provision of the constitution he had in mind but apparently had Article 248 of the constitution in view. His defence counsel was, in fact, asked by the Supreme Court, during the proceedings of the contempt case, as to why the proceedings in the Swiss Courts could not be resumed against other co-accused persons while exempting the President as was done in some other NRO cases in Pakistan and he had no answer. Obviously, the court has not held the position that the President does not enjoy immunity under Article 248 of our constitution or under the general principles of International Law or Swiss Law. The battery of brilliant lawyers of the PM should, therefore, have advised him to write a letter to the Swiss Authorities to withdraw the letter of Mr. Qayyum Malik, former Attorney General, and requesting for the resumption of proceedings against other co-accused persons but specifically stating that the proceedings may not be resumed against the President who enjoys immunity till he is in office under Article 248 of our constitution, general principles of International Law and Swiss Law. This could have satisfied the court and saved the nation from the shame of having its Prime Minister convicted for his ignorant belief that the only alternative to writing a letter to the Swiss Authorities available to him was to surrender the President before the Swiss Courts in violation of the constitution of the Islamic Republic of Pakistan.
ROSS MASUD,
Lahore, May 25.