Monthly Archives: October 2012

Supreme Court Approves Swiss Letter

Today, Wednesday, 10 October 2012, the Supreme Court has approved the letter to be written to the Swiss authorities to open the corruption case against the President Asif Ali Zardari.

The irony, of course, is that Zardari looks set to win the election again! So the writing of the letter is something which is likely to take second place to that fact.

But, despite the emollient effect of the letter in the short-run, it is equally likely that the standoff between the government and the judiciary, will not disappear anytime soon.

A five-member bench of the Supreme Court, headed by Asif Saeed Khosa J, approved the draft of the letter in the implementation of the NRO case.

The vetted draft highlights that the Swiss authorities should consider the letter – sent by former attorney general Malik Qayyum – null and void and that it should be assumed that the letter had not been written and sent at all.

Whilst the draft set that all cases be reopened, it was emphasised that – subject to Pakistan’s 1973 Constitution – President Zardari had the right to defend himself in legal proceedings.

The Court noted that the draft document was satisfactory and that it was the first time that a genuine attempt had been made to write the letter.

The case was adjourned until 14 Nov 2012.

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Apex Court gives Government until 10 October for Swiss Letter

Today, Friday, 5 October 2012, the Supreme Court of Pakistan extended the time to prepare a final draft of the letter which is to be sent to the Swiss authorities so that the case against President Asif Ali Zardari, can be reopened. 

A five-member bench of the court headed by Asif Saeed Khosa J vetted the letter’s draft submitted by Law Minister Farooq Naek but the Court took the view that the draft was not in spirit of its Order. According to Dawn News, the Court thought the:

[T]he first and second paragraphs of the draft were in accordance with the court’s order but the third paragraph conflicted with the first two paragraphs as well as with the court’s order.

Khosa J remained that the last paragraph of the draft letter needed to be rewritten and he was optimistic that the matter was close to being resolved.

The Court did not entertain a request by Naek to protect the contents of the letter from public disclosure but, instead, granted his request by giving the government a few more days.

Granting the minister’s request, Justice Khosa said the matter was nearing a resolution which was why the court would give the government more time. It seems that the government and the judiciary are getting on a bit better these days.

Let’s wait and see ..

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