ISLAMABAD: Federal Law Minister Dr Babar Awan has told his parliamentary colleagues that he would prefer to “go down fighting” rather than order reopening of money laundering cases against President Asif Ali Zardari in Switzerland.
His assertions emerged just hours before Law Secretary Justice (retd) Aqil Mirza is to inform the Supreme Court on Monday about the completion of all the necessary paper work, including requisite official approvals of the prime minister and the law ministry before writing letters to the Swiss authorities to revive the corruption cases against Zardari.
“How can I justify my stay in a prestigious official slot if I approve reinstatement of the cases against Zardari, who has reposed so much confidence in me, when I have no doubt that the president enjoys constitutional immunity?” Awan told some members of the Raza Rabbani Parliamentary Committee on Constitutional Reforms.
The minister was not available to confirm his remarks. A message was dropped with his personal assistant Ghulam Mohammad on Saturday but Awan did not call back till late on Sunday.
However, he told the committee members that in case his law ministry wrote to the Swiss authorities, he would never be in a position to vindicate his position in the PPP that had given him so much. Awan said it would look ridiculous on the part of the government and the law ministry and make Pakistan a laughing stock in the eyes of the world if the government wrote letters to the Swiss authorities to reinstate the cases against the head of the state.
Asked about the Supreme Court’s likely course of action if its directives to the law secretary are not executed, noted constitutional lawyer Senator Barrister Wasim Sajjad told The News that the court had the inherent powers to issue a contempt of court notice to anybody (including even the prime minister) for non-implementation of its orders after determining as to who was responsible for not carrying them out.
Not only Wasim Sajjad but many other legal minds also are clear that the situation was fast heading towards confrontation if the government finally declined to obey the court instructions, stating this in the Supreme Court as well.
“Anybody, including even the law minister, if held responsible for defying the court orders, can be jailed for contempt of court,” one of them said and pointed out that the apex court constantly restrained itself from issuing a contempt notice to the National Accountability Bureau (NAB) Chairman Navid Ahsan despite his unrelenting delaying tactics but ultimately got its direction implemented by threatening to send him behind the bars.
He said that the statement of the outgoing Attorney General Anwar Mansoor, which has been made part of the Supreme Court record, that the law minister was creating hurdles in writing letters to the Swiss authorities, would be highly important in any contempt of court proceedings, if initiated by the apex court. The lawyer said that fears of a head-on collision are widespread in view of the unwavering resolve and perseverance of the Supreme Court to get the letters written to the Swiss authorities and the government’s refusal to do so.
A day after the NAB chief wrote two letters to be sent to the Swiss authorities, and leaked them to the media, following prolonged drubbing and ominous directions by the apex court spanning several weeks, the Supreme Court realised that his communications would not have any legal weight in Switzerland until the letters were written by the law ministry with the prime minister’s approval.
However, some leading lawyers attached with the PPP, who are envious, if not jealous, of Awan’s “ideal” placement, say that a man, otherwise not deserving any acclaim for a variety of reasons, is trying to become a hero in the prevailing situation.
But the law minister is not alone showing defiance to the apex court’s repeated direction to send letters to the Swiss authorities. Other PPP leaders are publicly demonstrating much more aggression.
PPP Information Secretary Fauzia Wahab is linking the Swiss cases with Benazir Bhutto. She has been quoted as saying that her party would resist the trial of its late leader, Benazir Bhutto, and Begum Nusrat Bhutto. The cases against the president have been disposed of on merit and cannot be reopened, she said after a meeting of the PPP’s Central Executive Committee at the camp office of the President House in Naudero. “There was stiff resentment among the CEC members over the issue of Swiss cases. The PPP leaders and workers would not at any cost permit the trial of their leaders,” she said.
Source: http://www.thenews.com.pk/daily_detail.asp?id=232681
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