Immunity does not cover writing letter to Swiss: SC

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Hearing the contempt of court case against Prime Minister Yousaf Raza Gilani for not writing a letter to Swiss authorities for reopening graft cases against President Asif Ali Zardari, a seven-member special bench of the Supreme Court on Thursday observed that if it was supposed that the president enjoyed immunity, the immunity might shield him from prosecution, but not from writing a letter to Swiss authorities.
The special bench of Justice Nasirul Mulk, Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed directed Prime Minister Yousaf Raza Gilani’s counsel Aitzaz Ahsen to conclude his arguments by today (Friday). In his arguments, Aitzaz contended that not only the United Nations Resolution, but also the International Court of Justice (ICJ) had acknowledged the immunity enjoyed by the heads of states. He also presented before the court a Memorandum by the UN Secretariat, which provided immunity to diplomats‚ foreign ministers‚ missions and all heads of states.
Referring various cases, he said the ICJ had also halted proceedings against the heads of states on the grounds that they enjoyed immunity.
He said the heads of the states of Republic of Congo and Jaboti were exempted from cases under the same law.
He said in Jaboti’s case, the head of state was not even summoned as a witness. He said due to the law of immunity, late Moamar Gaddafi escaped proceedings against him in France.
He said in General Pinochet’s case, the court had held that the head of the sate had the immunity like that of the state. Justice Asif Saeed Khan Khosa remarked that in different areas, heads of states had been termed as first diplomats. Justice Khosa added that due to increasing violations of traffic rules in New York, the diplomatic immunity had been limited there and certain restrictions were now being imposed.
During the hearing, when Aitzaz stressed that the president enjoyed absolute immunity in civil and criminal cases, Justice Sarmad Jalal Osmany noted that “the immunity is from initiation of case, not from writing the letter”.
Aitzaz said the head of states even in exile or incognito also enjoyed this immunity. He urged the court to see only the intentions and the knowledge of the respondent as per the evidence of the record and whether there was adequate material to infer justification.
He also read out the Supreme Court’s orders and the summaries written to the prime minister by the Law Ministry about the implementation of the National Reconciliation Ordinance (NRO) verdict, particularly to the extent of writing a letter to the Swiss authorities for reopening graft cases against the president. He said according to the rules of business, the law ministry and law secretary were responsible for implementing the court’s order in the NRO case. The court then observed that its orders should have to be implemented by everyone concerned. Later, the court adjourned further hearing until today (Friday).

15 COMMENTS

    • Handling SC should not be a very difficult thing (at this point) for a smart lawyer like him. Because, the SC has really gotten overzealous and overextended in post-Musharaff era. Something like a (please don't be offended) talabani trait…

      Historically this hinders the capacity of a nation to move on…

  1. what does it say about Atizaz he is also in the gang of scums birds of feather flock together

  2. Mr.Senator in the U.N.O disputed lists,the Jammu And Kashmir is a disputed matter between India and Pakistan in 1948 and still it is there in the books of U.N.O did you refer it to India for the early solution.You are silent bocz for this case no money is to be awarded to you.The difference between this man Aitzaz knows very well and why kept calm and silent to this man?

    • Jithay Butt a, Othay mat nai, Jithay mat, Othay Butt nai. Why r u so offended? He has produced a legal document before the court. Ur hatred of a person overcomes ur patriotism.. Which court has heard Kashmir issue that Aitzaz did not present his document and now in Zardari case he s doing?

  3. This proceeding reminds me of Aesop's famous tale of The Father, Son and the Donkey. It is time all actors in this play learn from Aesop!

  4. Who cares about UN reports when their resolutions are not honoured.Reports are gimmicks and nothing else

  5. Aitzaz cites everything including the Constitution of our Islamic Republic providing immunity to ElPresidente. But sadly he fails to cite it where it specifically states that no law repugnant to the Quran and the Sunnah would be made in Pakistan,In Quran it is stated categorically that all men would be judged on their Taqwa and would be answerable for their deeds irrespective of their status as all of them are Faqir in the eyes of Allah who is their Lord and their ultimate Ruler.

  6. We are not talking about the UNO and ICJ here … first, ZardarJi had to apply to the court and seek immunity under Pakistan Law …

  7. … either this Aitezaz Joker doesn't lnow his law … or he is out to make a mockery of himself …

  8. This is a domestic matter not international. And what do the UN. has to do with it it Pakistani money that the president Nicked surely the nation has the right to recover it by what ever mean it had it its disposition. Zardari is not immortal he's a human being thus he is acountable for money he holding is swiss bank.

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