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Pakistan top court objects Gov't Swiss graft letter | Pakistan's top court Wednesday raised objections at the draft of a letter to be sent to the Swiss authorities
for reopening graft cases againt President Asif Ali Zardari and gave a 10-day more time to the government to redraft the letter. The five-member bench in its
short order said that Oct. 5 will be the last chance for the government to remove
reservations of the court at the contents of the letter. Law Minister Farooq H
Naek, who had submitted the draft before the Supreme Court, told reporters that
the court raised some reservations at the letter and that they accepted his plea
for more time to consult the prime minister. "I am confident that we will succeed
to find out a solution to the issue so that uncertainty in the country is ended,"
the minister said. Prime Minister Raja Pervez Ashraf last week told the apex court
that his government had decided to withdraw a letter previously sent to the Swiss
authorities for closing graft cases against President Asif Ali Zardari. He had
also assured the court that he would authorize the law minister to implement the
court's previous orders for writing to the Swiss authorities. As the court resumed
hearing on Wednesday, the law minister submitted the redrafted letter along with
an authority letter on behalf of Prime Minister Raja Pervez Ashraf. The court
had also objected at the letter on Tuesday and gave one day to make correction
but objections were again raised on Wednesday. The judges adjourned the hearing
to read contents of the letter at their chamber. The five-member bench, headed
by Justice Asif Saeed Khosa, also later called on the law minister and the government's
lawyers inside the court chamber for consultations. The law minister denied any
secret deal with the judiciary and said the government wants there should be no
clash among the state organs. The draft seeks the withdrawal of letters written
in May 22, 2008 by then attorney general Malik Qayyum to the Swiss authorities
that Pakistan was no longer interested in pursuing graft charges against President
Asif Ali Zardari and his late wife, former Prime Minister Benazir Bhutto following
the promulgation of a controversial amnesty law by then military president Pervez
Musharraf. The Supreme Court, however, scrapped the National Reconciliation Ordinance
in 2009 and declared that all cases closed under the defunct law stood open. The
government of Pakistan People's Party and the judiciary had been involved in conflict
over the Swiss letter as the government has refused to accept all previous court
orders on the plea that the president enjoys immunity. The apex court had disqualified
Yusuf Raza Gilani as prime minister for his refusal to write to the Swiss authorities
in June. Prime Minister Ashraf's statement to send a letter to the Swiss authorities
was considered as a major step toward a solution to the long-standing stalemate
between the government and the judiciary over the president's graft cases in Switzerland
. Legal experts were also of the opinion that the decision is a big change in
the government's stand as it will open the way for reopening of the cases in Swiss
courts. But some are of the view that it would be clear only after the letter
is drafted. Several ministers also said there is no change in the government's
stance on the president's immunity.
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