Supreme Court discards Vienna Convention in defence of presidential immunity

The Supreme Court discarded blanket immunity to President Asif Ali Zardari, saying Vienna Convention provides exemption to diplomats and counselor staff, not head of the states.

A seven-member bench of the apex court was hearing the contempt of court case against Prime Minister Syed Yousaf Raza Gilani. Aitzaz Ahsan, the prime minister’s counsel attempted to establish immunity for President Asif Ali Zardari under the banner of the Vienna Convention.

However, Justice Asif Saeed Khosa remarked that the convention provides immunity to diplomats and consular staff, not presidents. He added that head of states enjoyed immunity while travelling abroad under the said convention.

Barrister Aitzaz Ahsan wrapped up his argument in the case, insisting that Prime Minister Syed Yousaf Raza Gilani could write letter until Asif Ali Zardari holds office of the president.

In his view, the letter will be written to Swiss authorities when Zardari will quite the office. He requested the court to delay the implementation of its earlier verdict until then.

However, the bench was not convinced by the argument, saying that the president’s immunity was not relevant in this regard. It observed that the president should have to be invoked for immunity it he desired doing so.

Justice Khosa commented, “The issue here is of an individual [the prime minister] who refuses to obey court orders on grounds that another individual [the president] enjoys immunity. If you believe the president has immunity, then claim it before the Swiss courts since that is between the accused and Swiss authorities”.

Justice Nasirul Mulk, who is heading the bench, remarked that the court has only ordered the premier to write a letter to Swiss authorities for reopening graft cases against National Reconciliation Order (NRO) beneficiaries.

He observed, “What difference will it make to the president if the prime minister writes the letter, Justice Mulk asked Aitzaz. The prime minister should write the letter and let the president deal with the rest”.

In counter-remarks, the lawyer said that the court’s order on the NRO case calls for reopening of graft cases.

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Posted by Faisal Farooq on Apr 19 2012. Filed under 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.