The Supreme Court was informed on Thursday that the Federal Minister for Law and Justice Babar Awan is the stumbling block in reopening of the Swiss money laundering cases against President Asif Ali Zardari. "My hands are tied, I have no access to the record of Swiss cases," said Attorney General (AG), Anwer Mansoor Khan while explaining his failure to accomplish the task of drafting the letter, which requires the Prime Minister's sanction for revival of Swiss cases.
"Tell us who is obstructing?" questioned the Chief Justice and the AG candidly replied it was the Law Minister Dr Babar Awan. Having recorded the AG's statement, the court summoned Secretary Law, former Justice Aqil Mirza for an explanation with the observation that Law Ministry's functionaries did not seem interested in implementing SC decision on the National Reconciliation Ordinance (NRO).
A seven-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry while hearing a suo motu notice on non-implementation of its verdict directed Secretary Law to complete the process of reopening of Swiss cases and submit a report on April 5 (Monday). The court postponed the hearing for an indefinite period (date in office).
Earlier in the day, the court termed the letter written by National Accountability Bureau (NAB) to Swiss authorities for reopening of cases, unsatisfactory and of no legal value. The court raised objections over the letter following a statement by the Swiss Prosecutor General that cases in Switzerland against President Zardari could not be opened since he enjoys immunity as head of state.
The bench said that the Law Ministry should write a letter to Swiss authorities with the approval of the Prime Minister. Law Secretary denied that Law Minister Babar Awan was obstructing the reopening of Swiss cases against President Asif Ali Zardari. "I am surprised by the AGP statements regarding the Law Minister," he said.
He also informed the court that he had received a letter from Foreign Office, seeking his opinion regarding communication with Swiss authorities and added that he needed to consult the proper procedure on how to go about it. The court questioned the Secretary as to why he had referred the case of Malik Muhammad Qayyum, former AG to Federal Investigation Agency (FIA).
The ministry had referred former AG's case to the FIA under Anti-money laundering Ordinance 2007, which the court noted had been repealed. By any stretch of imagination, this law (under which Malik Qayyum's case was sent to FIA) can not be attracted, observed Chief Justice Iftikhar Muhammad Chaudhry.
In this respect, the court directed the Secretary to send a reference against Malik Qayyum under Section 9 (6) of the NAB ordinance, Section 463 (forgery) and 468 (false documents) of the PPC and several provisions of Anti-corruption ordinance. The Court also directed the Law Secretary to assist the AGP and Advocate Abid Zuberi, counsel for Naveed Ahsan, Chairman NAB in completing the paperwork regarding the Swiss cases.
On Wednesday, the Bureau had informed the court that it had started implementing its verdict on NRO and had asked Swiss authorities to reopen money-laundering cases against President Asif Ali Zardari involving 60 million dollars. NAB's letters to Swiss authorities were still pending with the Law Ministry. However, NAB had earlier told the court that a letter to the Swiss government for reopening cases against President Zardari had been sent.
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