Just four days ago, the leading lawyer said the government should write letters to the Swiss courts for revival of the money laundering cases against the laundering cases against the president, who, he opined, enjoyed immunity against prosecution as per Article 248 of the Constitution in Pakistan and under international law outside of the country.
On May 13, 2010, Aitzaz Ahsan stated that the government would have to write letters to Swiss authorities for reopening of cases against Zardari; the government should have written letters on the day the Supreme Court ordered; it would have to implement in letter and spirit the December 16, 2009 judgment, which declared the National Reconciliation Ordinance (NRO) null and void; the Swiss courts could not reopen the cases against Asif Ali Zardari as he being the head of state has immunity under the international law, and even in Pakistan, he enjoys immunity under Article 248 of the Constitution.
Apart from these assertions, there had been many statements made by Aitzaz Ahsan on the subject since the NRO ruling was handed down in which he always stood for writing letters to Switzerland. How will he now go back on these statements is a key question.
However, as legal counsel Aitzaz Ahsan is professionally bound to follow the brief of his client, who has reached this stage because of his stubborn refusal to write letters to Switzerland. If he advises the prime minister as his lawyer to bow before the NRO verdict as he has been publicly stressing since long and tender an apology for delayed implementation of the judicial decision, the show cause notice may be dropped altogether and the extreme step — conviction — may be averted.
Generally, lawyers counsel advises their clients, facing contempt of court proceedings, to throw themselves at the mercy of concerned courts by tendering apologies. However, it is not known whether Aitzaz Ahsan would give such piece of advice to Gilani or contest the challenge thrown to the prime minister.
By hiring the exceptional lawyer, Gilani has played a master stroke, some analysts say while others may try to dig some conspiracy theories in the move hinting at some secret desires in high PPP circles to bring Zardari to their knees. Aitzaz Ahsan enjoys high stature and eloquence and has the skill to handle extremely tricky constitutional and legal cases. His brilliance matches the enormity of the challenge to the prime minister.
He had turned tables on the then President Pervez Musharraf when the latter had filed a disqualification reference against Chief Justice Iftikhar Muhammad Chaudhry in the Supreme Judicial Council, and got it moved to the 14-member Supreme Court bench, which nullified the charge against the top judge. The restoration of deposed judges including Justice Iftikhar Chaudhry owes much to his powerful and well-devised public campaign for over a year.
Aitzaz Ahsan had stepped in the legal battle for Zardari and Benazir Bhutto when the couple was faced with grave corruption cases. This time, he has jumped in the court to bail out the prime minister from serious entanglement.
When Zardari had invited Aitzaz Ahsan to take the floor as the last speaker at the Benazir Bhutto assassination anniversary congregation in Garhi Khuda Bux on December 27, an impression widely emerged that there has been breaking of ice between the lawyer and the president after being estranged since the government came in place in 2008.
The pre-monition proved correct recently when the lawyer filed his candidacy papers for a Senate seat as the PPP nominee. It became further reinforced when he has now been hired by Gilani as lawyer, obviously with the consent and nod from the president. During these years of estrangement, Aitzaz Ahsan has been taking an independent line on most ticklish issues, which has been at variance with the government’s stands.
While despite being in the PPP and now Gilani’s lawyer, Aitzaz Ahsan has excellent rapport with Nawaz Sharif, the Pakistan Muslim League-Nawaz (PML-N) President had availed of the services of noted lawyer SM Zafar when he had faced the contempt of court proceedings in the apex court in November 1997.
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