However, a major section of the legal fraternity was of the view that clash between the executive and judiciary could be avoided if the Prime Minister writes letter to Switzerland and tenders unconditional apology to the SC bench.
The Article 45 of the Constitution of Pakistan reads: "President's power to grant pardon, etc, The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any Court, Tribunal or other Authority."
Meanwhile, as per an interpretation of the Article 45 of the Constitution of Pakistan by M Mehmood, "powers of a head of state to grant pardon and respite have universal recognition in the world, but at the same time canons of justice demand that such powers should be exercised following the principles of justice, equity and good conscious, so that the powers may not be exercised arbitrarily.
Talking to Business Recorder, former Chairman Senate and Federal Minister for Law Wasim Sajjad said there are two possible views regarding the exercise of the President' power to grant pardon under Article 45 of the Constitution, which includes power and function of the President.
He said when such presidential power is exercisable on the advice of Prime Minister - would fall under the purview of function of the President of Pakistan for granting pardon. While interpreting the power of the President to grant pardon, Sajjad cited Article 204 of the Constitution saying reference has been made to power of the Supreme Court in Contempt of Court.
He maintained, "Therefore one conclusion could be that it is a power of the President to be exercised by him alone without the advice of the Prime Minister, as head of state - it may be inferred that perhaps this is one of those areas where the power has been conferred without reference to the Prime Minister."
Article 204 of the Constitution relating to Contempt of Court reads, "204 (1) in this Article, Court means the Supreme Court or a High Court - (2) "A court shall have power to punish any person who abuses, interferes with or obstructs the process of the Court in any way or disobeys any order of the Court.
Vice-Chairman of Pakistan Bar Council (PBC) Abdul Latif Afridi said although the President of Pakistan has discretion to grant pardon to Prime Minister, it is early to make the pardon issue a topic. Afridi said still the representative of 180 million people of Pakistan the PM has to appear before the court and if indicted on contempt charges he will have right to defend himself. However, Afridi categorically said that the Supreme Court should not show any haste in the matter in hand.
Supreme Court Bar Association (SCBA) President Muhammad Yaseen Azad said President of Pakistan has powers to pardon a public office holder (parliamentarian) under Article 45, adding that conviction could be pardon but concept of disqualification of the Premier would remain in question which ultimately would be decided by the apex court.
Adding that he recalled former premier Nawaz Sharif case saying PML-N chief was disqualified to become legislature after a plane hijacking case which he said was annulled by the Supreme Court.
Under the provisions of the Constitution of Pakistan, if the Supreme Court awards punishment to Prime Minister, the Speaker of the Assembly will send a reference of the premier disqualification to the Chief Election Commissioner on the basis of the court judgement within 30 days. After which the CEC will decide the matter in 90 days, resultantly the premier will become disqualified from the seat of Member National Assembly, Azad said.
Barrister Saad Hashmi said if the premier is convicted in the contempt of court case, he would make a formal application to the President seeking pardon through Attorney General for Pakistan thereafter it would be the sole discretion of the President to entertain the application.