From the outset of day's proceeding, Federal Law Minister Farooq H Naek submitted a revised draft of the letter to be sent to Swiss authorities to reopen graft cases against President Asif Ali Zardari. Producing the amended draft titled 'Attorney General Geneva Switzerland' before the bench, Naek read it out: "This is with reference to the letter dated 22nd May 2008 addressed by Malik Mohammad Qayyum, the then Attorney General of Pakistan to Mr Daniel Zappelli, Attorney General, Geneva, Switzerland. In view of the directions given by the Supreme Court of Pakistan in Paragraph 178 (copy attached as Annex-I) of its Judgement dated 16th December 2009 in the case of Dr Mobashir Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims, is sought.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. Yours sincerely - Justice (R) Yasmin Abbasey Secretary".
The bench observed that the proposed communication conformed to the requirements of paragraph No 178 of the judgement of the apex court rendered in the case of Dr Mubashir Hassan and it also addressed the relevant concerns of the Government of Pakistan voiced before this Court by the Prime Minister on September 18, 2012. Approving the revised draft of the Swiss letter, the court directed the Law Minister to produce before it on the next date of hearing the proof of actual receipt of the said communication by the Attorney-General, Geneva, Switzerland.
The bench also directed the law minister to place on record a copy of 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 bench, however, rejected a request of the law minister. He had sought withdrawal of a show cause notice issued against Prime Minister Raja Pervez Ashraf over non-implementation of the court order in NRO implementation case. According to the court, it would be decided after the completion of process of communication with the Swiss authorities.
All the judges went on a break for 15 minutes to examine the fresh draft of the Swiss letter. Later, when the bench reassembled in the court, Justice Asif Saeed Khan Khosa inquired from the law minister about the time he would take to dispatch the letter.
Naek apprised the bench that the relevant communication would be dispatched to Switzerland through the Foreign Office and the same would be delivered to the Attorney-General, Geneva, Switzerland by the Ambassador of Pakistan in Switzerland or his representative. According to him, the process is likely to take about four weeks. The court accepted law minister's request for more time and adjourned the hearing till November 14.
"Let the needful be done by the Government of Pakistan within a period of four weeks from today and 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," the bench ruled in its order. Naek contended that now he did not want to press government review petition pertaining to court's September 18 order anymore. The bench, therefore, dismissed the government's review petition as withdrawn.