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  • Aug 28th, 2012
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Supreme Court on Monday gave a three-week more time to Prime Minister Raja Pervez Ashraf to write to the Swiss authorities to reopen graft cases against President Asif Ali Zardari. The Supreme Court had issued a show cause notice to the prime minister on a charge of contempt and ordered him to appear personally before it on August 27 to explain why action should not be taken against him for refusing to act on its orders to reopen graft gases against President Zardari.

---- Proceedings adjourned till September 18

---- PM could nominate someone else to write letter: Justice Khosa

---- PM says: 'I will make a sincere effort to solve this issue...'

Resuming hearing of contempt notice case against the PM yesterday, a five-judge bench led by Justice Asif Saeed Khan Khosa set September 18 deadline for him to ask the Swiss authorities to reopen cases against Zardari. Appearing before the bench in person, the PM spoke for 45 minutes in chaste Urdu. He sought four to six weeks time to submit a reply over contempt of court notice against him, saying he would find a way out to resolve the issue of implementation of court verdict on National Reconciliation Ordinance (NRO).

The prime minister told the bench that he had appeared personally before the judges to show respect for the judiciary. On this, Justice Khosa told the PM: "Your coming here does not mean respect for the court, but writing a letter to Swiss authorities will be a sign of respect."

The PM contended that he was required to fully appreciate all the legal and constitutional aspects of the matter. He prayed the court to withdraw the show cause notice, saying his contention was not at all aimed at prolonging the current matter.

"After holding out an assurance to the bench that you will write a letter to Swiss authorities, you can go abroad with peace of mind," Justice Khosa said while responding to PM's contention that the chief executive of Pakistan enjoyed constitutional immunity. Justice Khosa categorically told the premier that if the government was willing, the court was ready to assist it in removing the legal hurdles, if there was any, towards writing a letter to the Swiss authorities under a legal framework.

Raja Pervez Ashraf further pleaded that he was in the office for only sixty days and that he needed time to understand why a letter was not written to Switzerland. However, he said that he had to consult his Cabinet colleagues over the issue. On this, Justice Gulzar Ahmed observed that the court only wanted the premier's assurance that he would be writing a letter to the Swiss authorities.

Once, a letter was written, the PM would have sufficient time to inquire why court's order was not implemented for two-and-a-half years, the judge added.

Referring to the statements made by some federal ministers and senators on TV talk shows, another judge, Justice Ather Saeed, remarked that it was a clear-cut contempt of court. Justice Khosa insisted that a letter must be written to the Swiss authorities to reopen corruption cases against President Asif Ali Zardari and observed that the PM did not have to write the letter himself as he had the option to nominate someone else such as Attorney General for Pakistan and Federal Law Minister to write it.

"I will make a sincere effort to resolve the issue in a way that the dignity and honour of the Supreme Court is maintained," Ashraf said. On this, Justice Khosa remarked that dignity and honour of the court had nothing to do with the appearance of the premier, "but what we want is the implementation of court's orders in letter and in spirit."

Raja Pervez Ashraf further contended that being Prime Minster, he had responsibility to extricate the country from various prevailing crises. According to him, he will never like to be known as a chief executive who defied the court's orders. Issuing directions to the PM to bring about a 'positive development' in the current case the bench adjourned the hearing of the case till September 18.

AFP adds: The government has resisted judges' demands to reopen investigations into Zardari, arguing he enjoys immunity as head of state. Earlier this month the Supreme Court struck down a new law passed by parliament that sought to exempt members of the government from contempt trials, clearing the way for legal proceedings against the premier.

The showdown could force elections before February 2013 when the government would otherwise become the first in Pakistan's history to complete an elected, full five-year mandate. During a 45-minute address to the court, the prime minister said he was determined to find a way to bring an end to a chapter that has caused turmoil in Pakistani politics.

"I will make all out efforts to bring an end to uncertainty that prevailed in the country," he said. "It is my firm belief that it is not in Pakistan's interest to linger on this issue. I am ready to give a positive commitment to this court that I will resolve this issue."

Government lawyers last month said the court's order to write to the Swiss was "un-implementable" as it ran contrary to the constitution, which grants immunity to Zardari against trial in any court while he is president. Critics of the judiciary and members of Zardari's main ruling Pakistan People's Party accuse the court of overstepping its reach and waging a personal vendetta against the president.

Experts say that if Ashraf does not satisfy the court, he risks being indicted for contempt, precipitating the second trial against a sitting prime minister in months. The allegations against Zardari date back to the 1990s, when he and his late wife, former premier Benazir Bhutto, are suspected of laundering $12 million allegedly paid in bribes by companies seeking customs inspection contracts. In 2009, the court overturned a political amnesty that froze investigations into the president and other politicians, ordering that the cases be reopened.

Copyright Business Recorder, 2012


Copyright Agence France-Presse, 2012


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