IN THE SUPREME
COURT OF PAKISTAN
(Original Jurisdiction)
PRESENT:
Mr.
Justice Asif Saeed Khan Khosa
Mr.
Justice Ejaz Afzal Khan
Mr.
Justice Ijaz Ahmed Chaudhry
Mr.
Justice Gulzar Ahmed
Mr.
Justice Muhammad Ather Saeed
Criminal Original
Petition No. 74 of 2012
In
Suo Motu Case
No. 04 of 2010
(Contempt
proceedings against Raja Pervez Ashraf, Prime Minister of Pakistan / Chief
Executive of the Federation, in pursuance of this Court’s order dated
08.08.2012)
For the
Respondent: Mr. Farooq H.
Naek,
Federal Minister for Law and
Justice
Mr. Irfan Qadir,
Attorney-General for Pakistan
with Mr. Dil Muhammad Khan Alizai, Deputy Attorney-General for Pakistan
Date
of hearing: 10.10.2012
ORDER
Asif
Saeed Khan Khosa, J.: As
directed by this Court on 18.09.2012 and as instructed and authorized by the
Prime Minister of Pakistan in that respect on the said date Mr. Farooq H. Naek,
Federal Minister for Law and Justice, had produced before us on 25.09.2012 the
required authorization mentioned in the order dated 18.09.2012 and a draft of
the communication to be addressed and dispatched by the Government of Pakistan
to the Attorney-General, Geneva, Switzerland in compliance of the direction
contained in paragraph No. 178 of the judgment handed by this Court in the case
of Dr. Mubashir Hassan v. Federation of
Pakistan (PLD 2010 SC 265). We had perused the draft communication on that
day and had required Mr. Naek to improve the same so as to meet the
requirements of paragraph No. 178 of the above mentioned judgment and the hearing
of the matter was adjourned at his request to 26.09.2012. He had then produced an
altered draft of the communication on 26.09.2012 and after perusal and
consideration of the same we had found the same to be still deficient upon
which he had sought time till 05.10.2012 to improve the draft further so as to meet
the requisite requirements. Some aspects of the draft produced by Mr. Naek on
05.10.2012 also needed to be attended to and, thus, the matter was adjourned at
his request till today. Mr. Naek has produced an amended draft before us today
which is reproduced below:
THE TEXT OF ORIGINAL LETTER TO SWIZ GOVERNAMENT BY PAKISTAN GOVERNMENT
“Attorney
General Islamabad October 2012
Geneva,
Switzerland
Re: PP/11105/1997 and CP 289/97.
Dear Sir,
This is with reference to the letter
dated 22nd May 2008 addressed by Malik Mohammad Qayyum, the then
Attorney General of Pakistan to Mr. Daniel Zappelli, Attorney General, Geneva, Switzerland.
In view of the directions given by
the Supreme Court of Pakistan in Paragraph 178 (copy attached as Annex-I) of
its Judgment dated 16th December 2009 in the case of Dr. Mobashir
Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn
and may be treated as never written and therefore revival of requests, status
and claims, is sought.
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.
Yours
sincerely
Justice (R)
Yasmin Abbasey
Secretary”
We find that the proposed
communication conforms to the requirements of paragraph No. 178 of the judgment
of this Court rendered in the case of Dr.
Mubashir Hassan and it also addresses the relevant concerns of the
Government of Pakistan voiced before this Court by the Prime Minister on
18.09.2012.
2. Mr. Naek has informed us that the relevant communication shall
be dispatched to Switzerland
through the Foreign Office and the same shall be delivered to the
Attorney-General, Geneva, Switzerland by the Ambassador of Pakistan in Switzerland or
his representative and the process is likely to take about four weeks. Let the
needful be done by the Government of Pakistan within a period of four weeks
from today and proof of actual receipt of the said communication by the
Attorney-General, Geneva, Switzerland be produced before the
Court on the next date of hearing. In the meanwhile Mr. Naek shall place on the
record of this case a copy of the relevant summary for the Prime Minister, a
copy of the Prime Minister’s order regarding authorization, a copy of the authorization
and a copy of the actual letter/communication (with its diary number, date and
signatures) dispatched to Switzerland.
3. Adjourned to 14.11.2012.
Judge
Judge Judge
Judge Judge
Islamabad
10.10.2012
Arif
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