FRIDAY JULY 13: Letter to Swiss authorities to reopen graft cases against Zardari: Supreme Court sets July 25 deadline for Raja

ISLAMABAD: The Supreme Court (SC) on Thursday set July 25 as the deadline for Prime Minister Raja Pervez Ashraf to approach Swiss authorities to re-open graft cases against President Asif Ali Zardari, triggering a fresh political crisis over the issue, which had cost Syed Yousuf Raza Gilani his job.
If the Prime Minister fails to meet the deadline, the SC shall initiate any appropriate action under the Constitution and the law against him, the bench warned.
The bench led by Justice Asif Saeed Khan Khosa issued directives to PM Raja Pervez Ashraf in NRO implementation case to write a letter to Swiss authorities without any further consultations on the matter with legal experts or within the government.
In its seven-page order, the bench said that directions issued by the SC during the NRO judgement implementation proceedings against the then PM, Syed Yousuf Raza Gilani, applied with equal force to the incumbent of the office of the Chief Executive of the Federation.
The bench added that as PM Raja Pervez Ashraf had merely stepped into the shoes of his predecessor (Syed Yousuf Raza Gilani) in office thus he too was bound to implement the relevant directions of this Court "regardless of any advice tendered earlier or in future".
At the outset of hearing, Attorney General for Pakistan (AGP) Irfan Qadir informed the bench that the instant matter was taken up in the Cabinet meeting on July 11 which, he said, desired that the Ministry of Law should furnish its views on the implementation of the relevant paragraph of the NRO judgement.
He further informed the court that the Cabinet "shall" take a decision in accordance with the provisions of the Constitution after rendering its opinion in the matter.
Seeking more time in the case, the AGP said the matter could be taken up after SC's summer vacations, arguing that the government had sought the Law Ministry's opinion on the apex court's directives in the matter. He further said that during the vacations the Law Minister and Law Secretary, who recently assumed their respective offices, could study the matter thoroughly.
"I am also going abroad," the AGP added. Upon which Justice Asif Saeed Khan Khosa said: "Are you going to Switzerland?" His question sparked laughter in court.
Addressing the AGP, Justice Khosa said: "We have received the Premier's response in the matter, now you may have a cup of tea and the bench will give its response at 3:30pm".
On the resumption of hearing of the case at 4:45pm, one hour later than scheduled, Justice Khosa read out a seven-page judgement saying the Court had earlier directed the PM to inform the court whether he would write a letter to the Swiss authorities to reopen graft cases against President Asif Ali Zardari. He said the Court had trusted the newly elected Prime Minister to implement the court orders in the matter in hand on June 26.
Taking a judicial notice of the Federal Minister for Information Qamar Zaman Kaira's press conference held soon after the Cabinet meeting on July 11, Justice Khosa noted that Kaira had categorically declared that the Constitution did not permit writing of the letter to the Swiss authorities. Therefore, direction of the SC court in this regard could not be implemented, he quoted Kaira as saying.
"We further note that different political functionaries of the Federal Government and others have also been harping on the same theme in print and electronic media and even in public meetings for some time and a reference in this respect is being made to the provisions of Article 248 of the Constitution of the Islamic Republic of Pakistan, 1973," Justice Khosa maintained.
Justice Khosa said that the record showed that on January 10, 2012 through its judgement in the case the SC had listed different options available and one option related to immunity/protections contemplated by Article 248 of the Constitution.
Justice Khosa maintained that in view of the recorded proceedings in the matter, Aitzaz Ahsan, the counsel for the former Prime Minister had expressly submitted to the Bar that there was no need to focus on Article 248 as to whether it did or did not provide immunity to the President of Pakistan.
"The Chief Executive of the Federation shall cause a report to be submitted before the SC regarding compliance of the directions contained in paragraphs No 177 and 178 of the judgement passed by this Court in case of Dr Mobashir Hasan failing which this Court may initiate any appropriate action under the Constitution and the law," the bench said in its order.
The matter of NRO judgement implementation relating to Adnan A. Khawaja, Ahmad Riaz Sheikh and Malik Muhammad Qayyum was postponed due to counsel for National Accountability Bureau's Shaiq Usmani, general adjournment.
Adjourning the case till July 25, the bench said the judgement of the SC had already attained finality in the instant matter as it was never challenged through any appeal or review.