|What the Swiss letter must contain|
05 October 2012
ISLAMABAD: Law Minister Farooq H Naek will try his best to make the judges agree on a draft that will not request the Swiss authorities for a revival of the “status of state of Pakistan as civil party to the proceedings”.
And in case the SC judges do not agree, the PPP will launch a mega offensive against the judiciary in the National Assembly, PPP insiders say.A source close to the government, when contacted for his version, denied this impression. He said the PPP has no plan to launch an anti-judiciary offensive. He said the PPP during the last so many years has proved that it followed the Constitution in letter and spirit. He said the PPP wanted that all the affairs of the state must be conducted in accordance with the Constitution.
Mentioning the request to the Swiss authorities to “revive Pakistan’s status of civil party in the money laundering cases” in the proposed Swiss letter is the real problem being faced by the Farooq Naek-led legal team as Pakistan had withdrawn all documentary evidence by abandoning this status, it is learnt.
Different findings of the Swiss magistrates and decisions of the Swiss courts in 2003 and then in October 2007 and March 2008 were based on this evidence.
Barrister Aitzaz Ahsan had argued in former Prime Minister Gilani’s contempt case in the Supreme Court that in June 2008 a Swiss magistrate court has not closed the cases on the basis of the NRO but on the basis of non-availability of evidence. It was later revealed during the proceedings that the Swiss court wrote: “there is no evidence” because the evidence submitted by the state of Pakistan as civil party to case proceedings earlier were withdrawn with abandoning of status of civil party”.
Though most PPP leaders are unaware of the real planning and Farooq Naek is hiding from the media, but some of them claimed that any adverse decision could be reversed by parliament.
It is important to mention that what the Naek-led team is expecting from the Supreme Court’s five-member bench is out of their domain, as according to the simple wordings of the operative paras of the historic NRO judgement including 171, 175, 177, 178, 179 and 182 the federal government and all authorities concerned are directed in categorical words to take steps to not only withdraw illegal communication by the then attorney general Malik Qayyum but also to “revive the status of civil party of state of Pakistan”, to “revive the request for mutual legal assistance” and also to revive “Pakistan’s claim over allegedly laundered moneys”.
Not clearly mentioning that Pakistan is making a request for revival of its status as civil party will not help, and legal experts are clear on the point that any such letter without a clear request for all these revivals will be against the historic NRO judgement.
Senior constitutional expert and former judge of the Supreme Court Justice Wajihuddin Ahmad is of the view that a simple communication of Pakistan’s Supreme Court judgement on the NRO through official diplomatic means to Swiss authorities will solve all the problems and the judgement has clearly explained the illegality of Malik Qayyum’s letter and has even ordered action against him.
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