SC orders PM to write letter to Swiss authorities without any advice

The Supreme Court (SC) on Thursday ordered Prime Minister Yousaf Raza Gilani to write a letter to Swiss authorities for reopening corruption cases against President Asif Ali Zardari without getting any advice and influence of the ongoing contempt proceedings, and submit a compliance report before the court on March 21. The court made it clear to the prime minister to implement paragraph 178 of the judgement passed by a 17-member SC bench on the National Reconciliation Ordinance (NRO) on December 16, 2009, as it was his responsibility to implement court orders.
The SC also directed the prime minister to submit his written statement on March 19, or appear on March 21 to get his statement recorded. The court asked his lawyer Aitzaz Ahsen to conclude his arguments within a week after March 21. A seven-member special bench, comprising 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, held that contempt proceedings against the premier would continue in the meantime. The bench directed Attorney General Maulvi Anwarul Haq to convey court order to the prime minister, as Aitzaz was not appearing in the NRO case, but defending the premier in the contempt case. The court observed that it did not want to give its opinion instantly on the stance adopted by the prime minister over writing of letter to the Swiss authorities.
At the onset of hearing, the attorney general cross examined the prime minister’s former principal secretary and incumbent cabinet secretary, Nargis Sethi, who appeared as defence witness. To various questions asked by the attorney general, who is acting as prosecutor in the contempt case, during the cross examination, Sethi stated that two summaries had been sent to the prime minister by Law Ministry on May 21 and September 21, 2010, signed by then law secretary Aqil Mirza and then law minister Babar Awan respectively. She said the summaries were sent by then law minister Babar Awan. She said the opinion of former attorney general Anwar Mansoor Khan was also sent to the premier by the Law Ministry.
She said the prime minister returned the first summary, terming it ‘not in accordance with the rules’, however at the same time, he told that the advice given and the stance taken in the summary be maintained. She said the other summary presented before the premier was in accordance with the rules, thus he issued orders over it. She added that she was well aware about the rules of business and her function was to produce/put up the summaries before the premier. She said every summary or any other thing else is sent to the prime minister through his principal secretary.
During the cross examination, when the prime minister’s counsel tried to say something, the court stopped him, saying he would be heard on his turn. After cross examining Sethi, the attorney general stated that the written statement of the prime minister was now awaited. Aitzaz then said that he did not want to delay the matter, but his client had a very busy schedule from March 12 to 15. “Cross examination has been completed, so you conclude your defence,” the court asked Aitzaz, who replied that he reserved the right of defence in case new evidence comes in. To a query, Aitzaz said his client wanted to submit a written statement in the matter.
To another query, he said his client would either submit his written statement or personally appear before the court. During the hearing, Justice Asif Saeed Khan Khosa said if the prime minister gave a statement on oath, he could be cross examined. Aitzaz said such things could not remove him from his legal way.
Meanwhile, during the hearing of NRO implementation case, the bench was informed that the National Accountability Bureau (NAB) had sought reply from the prime minister over the illegal appointment of Adnan Khawaja as the chairman of the Oil and Gas Development Company Limited (OGDCL).
Shaiq Usmani, senior counsel for NAB chairman, told the court that Sethi, who appeared as prime minister’s defence witness before the bench, had stated in her statement that the appointment of Adnan Khawaja as OGDCL’s head was made by the prime minister. He said a reply had been sought from the prime minister on the statement of Sethi. To a court query, he said the reply was awaited.
He said the enquiry against illegal appointment of Ahmad Riaz Sheikh, an NRO beneficiary, in the Federal Investigation Agency (FIA) had completed, and reference was being prepared. Dr Basit, counsel for Ahmad Riaz Sheikh, stated that he was “seeing seven judges sitting on the shoulders of NAB officers”. He said it seemed as if the president and prime minister were being involved through Ahmad Riaz Sheikh and Adnan Khawaja respectively. “It’s too much, don’t say like this,” Justice Nasirul Mulk said, and adjourned further proceedings until March 21.