Aitzaz Ahsan submits UN report on immunity in Supreme Court
Thursday, April 19th, 2012 1:06:45 by Faisal Farooq
Counsel for Prime Minister Syed Yousaf Raza Gilani, Advocate Aitzaz Ahsan on Thursday submitted UN report on immunity for Heads of States to the Supreme Court.
A seven-judge bench of the Supreme Court with Justice Nasirul Mulk in the chair resumed the hearing of the contempt of court case against the premier.
The Preliminary report on immunity of State officials from foreign criminal jurisdiction was submitted during 60th session of United Nations General Assembly in 2008.
The seven-member bench comprises 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.
The court on Wednesday heard the argument about the immunity enjoyed by the Heads of States under international laws. The lawyer cited Vienna Convention on Diplomatic Relations 1961, and Vienna Convention on Consular Relations 1963, besides State Immunity Ordinance (vi) of 1981.
Aitzaz Ahsan argued that a head of state enjoyed absolute immunity under the international laws under jurisdiction from all domestic courts all over the world in all civil and criminal matters, adding such immunity had been held out by all courts without invoking it.
The counsel for the premier explained the purpose of these laws was the immunity for diplomatic missions and to the benefits of individuals performing functions for a state.
In reply to a query of the bench’s question, he said that Article 31 of the Convention 1961 did not apply directly to a head of state but held through judicial verdicts as a head of state was treated under customary laws in separate category.
In order to make his point, he cited verdicts entitled AM Qureshi and Mighall vs Sultan of Jahpur. The apex court has directed the lawyer to complete his argument by Thursday.
Prime Minister Yousaf Raza Gilani was charged with contempt of court on Feb 13 over the government’s two-year refusal to write to authorities in Switzerland asking them to re-open corruption cases against President Asif Ali Zardari.
Tags: Aitzaz Ahsan, AM Qureshi, Justice Asif Saeed Khan Khosa, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed, Justice Ijaz Ahmed Chaudhry, Justice Muhammad Ather Saeed, Justice Nasirul Mulk, Justice Sarmad Jalal Osmany, President Asif Ali Zardari, Prime Minister Syed Yousaf Raza Gilani, Supreme Court, Vienna ConventionShort URL: https://www.newspakistan.pk/?p=19517
Posted by Faisal Farooq
on Apr 19 2012. Filed under Latest News, National, Pakistan.
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Aitezaz has already lost this battle on moral grounds, and on legal grounds in any case his arguments were hollow and childish having no relevance with the case.
What is Aitaz saying ” A convict can be pardon by the speaker of the National Assembly” and it means that all convicted persons from courts/Supreme court should get elected to the assemblies to get free by the respective speakers.