Has Aitzaz been caught in his own trap?

ISLAMABAD: How would Barrister Aitzaz Ahsan respond if, like in 2007, he is again asked by the Supreme Court bench, hearing Prime Minister Gilani’s contempt case, the same old question: how would he see Presidential immunity under Article 248 of the Constitution when read with Article 2A, which makes the Objectives Resolution a substantive part of the Constitution?

Apparently failing to recollect, Aitzaz denied in a recent talk show that he had ever referred to the great example of Hazrat Umar (RA) while questioning the immunity of General Musharraf. The largest Urdu daily on May 30, 2007, clearly quotes him telling the Supreme Court that if the second Caliph of Islam could be questioned about his dress (Abaa) then why could not (the then) President Musharraf be impleaded in Chief Justice Iftikhar Muhammad Chaudhry’s suspension case.

A renowned English daily on May 30, 2007, while reporting the argument of Aitzaz Ahsan in the same case before the Supreme Court a day earlier (May 29th 2007) said, “Justice (Nawaz) Abbasi asked what was the impact of Article 2-A, explain it in the context of Article 248 of the Constitution.”

Aitzaz replied: “I don’t have mastery over Islamic law and am always scared while quoting it. Justice Ramday remarked, ‘Don’t be afraid, do it and see.’ Later, he (Ramday) recited the verse of the Holy Quran and translated it. Aitzaz said that according to Article 2-A of the Constitution, the president was not above the law.”

The test for the smart Barrister today is how would he justify before the apex court immunity under the same Article 248 in the case of President Asif Ali Zardari as Article 2-A continues to be an important part of the Constitution. Justice Ramday, in his forthcoming interview to Geo, confirmed that Aitzaz argued against the then President Musharraf’s immunity though he said that writing to the Swiss authorities is a civil matter and has nothing to do with presidential immunity.

Aitzaz, who has been saying that the government would have to write to the Swiss authorities, today argues that the letter could not be written because of Article 248. He also says today that there is no ambiguity in the immunity that is required to President Asif Ali Zardari, who is also the co-chairman of the party the Barrister belongs to.

Although Aitzaz Ahsan in 2007 said that he did not want to refer to the Islamic provisions of the Constitution, the fact remains that the Zulfikar Ali Bhutto-led framers of the 1973 Constitution had given this country an Islamic Constitution. There is also no denying the fact that the present parliament through the Senator Raza Rabbani-led constitutional committee, which was made for the 18th amendment, had given in writing to the Supreme Court that parliament too believes in the five basic features of the Constitution, including the Islamic provisions and the independence of judiciary. These features of the Constitution could not be softened or removed.

Article 2A says that the principles and provisions set out in the Objectives Resolution reproduced in the Annex are hereby made substantive part of the Constitution and shall have effect accordingly.

The Objectives Resolution reads “Whereas sovereignty over the entire universe belongs to Allah Almighty alone, and the authority which He has delegated to the State of Pakistan, through its people for being exercised within the limits prescribed by Him is a sacred trust;

“This Constituent Assembly representing the people of Pakistan resolves to frame a Constitution for the sovereign independent State of Pakistan; Wherein the State shall exercise its powers and authority through the chosen representatives of the people; Wherein the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam shall be fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and the Sunnah;

“Wherein adequate provision shall be made for the minorities to [1][freely] profess and practice their religions and develop their cultures; Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;

“Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provisions shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall be fully secured; Wherein the integrity of the territories of the Federation, its independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people of Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full contribution towards international peace and progress and happiness of humanity.

Will Aitzaz follow Gilani or his own view on Swiss cases?

ISLAMABAD: Will Barrister Aitzaz Ahsan, engaged by Prime Minister Yusuf Raza Gilani to defend him in the show cause notice for contempt of court before the Supreme Court, stick to his oft-repeated stand on writing letters to the Swiss authorities in cases against President Asif Ali Zardari or go along with the defiance of his client?

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.

Aitzaz Ahsan to represent PM in contempt case

ISLAMABAD: Prime Minister Syed Yusuf Raza Gilani has hired the services of Barrister Aitzaz Ahsan as his counsel to defend him before the Supreme Court tomorrow (Thursday) in the contempt of court case.

Aitzaz Ahsan, who is a senior member of the PPP, met Prime Minister Gilani at the Prime Minister House on Tuesday and discussed matters relating to the notice received by the premier by the Supreme Court on Monday.

Aitzaz is one of those in the PPP who has asked the government to write the letter to Swiss authorities regarding the opening of cases in compliance with the Supreme Court order on the NRO. Political observers are thus giving importance to the appearance of Aitzaz Ahsan as counsel for Prime Minister Gilani as both ostensibly have a different view on the implementation of the NRO verdict. Political observers are anxiously waiting to see how Barrister Aitzaz handles the situation in the Supreme Court and how he defends the position of the prime minister vis-‡-vis the non-implementation of the Supreme Court’s NRO verdict.

Talking to the media a few days ago, Aitzaz said that there was no harm in writing a letter to Swiss authorities as President Asif Ali Zardari enjoyed immunity under article 248. According to sources, senior leaders of the PPP and the cabinet of Prime Minister Gilani will accompany him to the Supreme Court when he appears on Jan 19 to reply in person to the contempt of court notice.

Will Aitzaz follow Gilani or his own view on Swiss cases?

ISLAMABAD: Will Barrister Aitzaz Ahsan, engaged by Prime Minister Yusuf Raza Gilani to defend him in the show cause notice for contempt of court before the Supreme Court, stick to his oft-repeated stand on writing letters to the Swiss authorities in cases against President Asif Ali Zardari or go along with the defiance of his client?

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.

Aitzaz Ahsan to represent PM in contempt case

ISLAMABAD: Prime Minister Syed Yusuf Raza Gilani has hired the services of Barrister Aitzaz Ahsan as his counsel to defend him before the Supreme Court tomorrow (Thursday) in the contempt of court case.

Aitzaz Ahsan, who is a senior member of the PPP, met Prime Minister Gilani at the Prime Minister House on Tuesday and discussed matters relating to the notice received by the premier by the Supreme Court on Monday.

Aitzaz is one of those in the PPP who has asked the government to write the letter to Swiss authorities regarding the opening of cases in compliance with the Supreme Court order on the NRO. Political observers are thus giving importance to the appearance of Aitzaz Ahsan as counsel for Prime Minister Gilani as both ostensibly have a different view on the implementation of the NRO verdict. Political observers are anxiously waiting to see how Barrister Aitzaz handles the situation in the Supreme Court and how he defends the position of the prime minister vis-‡-vis the non-implementation of the Supreme Court’s NRO verdict.

Talking to the media a few days ago, Aitzaz said that there was no harm in writing a letter to Swiss authorities as President Asif Ali Zardari enjoyed immunity under article 248. According to sources, senior leaders of the PPP and the cabinet of Prime Minister Gilani will accompany him to the Supreme Court when he appears on Jan 19 to reply in person to the contempt of court notice.