Letter first, immunity later: says Supreme Court

The Supreme Court reiterated that Prime Minister Syed Yousaf Raza Gilani should have written a letter to the Swiss authorities as per the court’s rulings, saying the later invoked the defence of presidential immunity.

A larger bench of the Supreme Court with Justice Nasir ul Mulk in the chair Wednesday resumed hearing of contempt of court case against the premier.

Justice Nasirul Mulk remarked that Gilani should have followed the court’s verdicts and then relied on the immunity clause of the Constitution. He also observed that there will be no need of contempt of court proceedings if the immunity is proved.

The head of the bench also quoted statement of the premier in which he observed that the decision not to write a letter to Swiss authorities was not his own rather his party.

During the hearing, Justice Khosa also raised a question about Prime Minister’s action, “He acts on advice of aides, not on orders of court.” Is this the sincerity that your client doesn’t write letter, he added.

Moreover, Justice Ejaz Afzal said that the letter to Swiss authorities should have been written and the issue of immunity would have come later.

While arguing the court, Barrister Aitzaz Ahsan, the counsel of Gilani, however, said that the court’s ruling could not be followed till Asif Ali Zardari is holding top constitutional post. He further prayed before the court that his client could not read detailed verdict of the court he had to act on advice of aides.

Aitzaz remained stick with his previous stance, saying President Asif Ali Zardari had immunity both in and outside the country. He observed, “My opinion was there is no issue in writing letter.” He further said the case should have gone to the High for implementation.

On January 19, giving his point of view before the seven-member bench, Prime Minister Gilani said the president enjoys blanket immunity, not only in Pakistan but also in the world as enunciated by the Constitution.

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Posted by Faisal Farooq on Feb 1 2012. Filed under Latest News, National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.