Swiss letter takes off
08 November, 2012
ISLAMABAD: The government has finally sent the letter to Swiss authorities for reopening of corruption cases against the beneficiaries of the National Reconciliation Ordinance (NRO), including President Asif Ali Zardari, by withdrawing one written by the Musharraf government under the NRO.
"Yes the letter has been sent to Swiss authorities," Federal Information and Broadcasting Minister Qamar Zaman Kaira confirmed to Daily Times. The Foreign Office is the sender of the missive and Pakistan's envoy would present it to authorities in Switzerland, and its receipt would be presented in the Supreme Court. The draft of the letter constituted the points agreed between the Supreme Court and the government, which was represented by Law Minister Farooq H Naek, after the two sides reached a consensus after two-and-half-year dispute over it.
The draft letter, addressed to attorney general of Geneva, Switzerland, stated, "This is with reference to the letter dated 22nd May 2008 addressed by Malik Mohammad Qayyum to Mr Daniel Zappelli, Attorney General, Geneva, Switzerland. In view of the directions given by the Supreme Court of Pakistan in Paragraph 178 of its judgement dated 16th December 2009 the aforesaid letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims, is sought."
However, it concludes on the note, "This is without prejudice to the legal rights and defences of the presidents/heads of state which may be available under the law, constitution and international law." The fresh letter would withdraw the one sent by former attorney general Malik Abdul Qayyum and would reopen the corruption cases against beneficiaries of NRO, including President Zardari who, the government insists, enjoys presidential immunity. Since the last quarter of 2009, executive and judiciary had locked horns over this letter, as the former contended that the letter could not be written because under the constitution the president enjoys immunity from prosecution.
Despite the orders of the Supreme Court, the PPP government did not write the letter during the tenure of former prime minister Yousaf Raza Gilani, who had to lose his office on contempt of court charges for defying the orders of the apex court. However, the situation turned dramatically when Raja Pervez Ashraf took charge of Prime Minister's Office and conceded to the demand of the Supreme Court to write the letter – a U-turn in the earlier stated policy of the government.
Following the discussion between judges and the law minister, on October 10, the Supreme Court had approved the Law Ministry's draft of the letter. The allegations against the president date back to the 1990s.
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