Is PM Gilani using Pasha�s extension as a bargaining tool?

ISLAMABAD: Prime Minister Yusuf Raza Gilani has raised the issue of DG ISI Lt. Gen Shuja Pasha’s extension at an interesting stage where the spymaster’s testimony before the Memo Commission is eagerly awaited.

General Shuja Pasha is all set to hang his boots on March 18, 2012, a date by which he is likely to have given his testimony. In the absence of Mansoor Ijaz, who has refused to come to Pakistan because of his security concerns after the PPP government successfully intimidated him, Gen Shuja Pasha’s testimony would be the most vital.

Mansoor Ijaz has, according to sources, in his secret letter to the Chief Justice of Pakistan, which was kept in wraps by the court on Monday, asked CJ Iftikhar Chaudhry to give him his personal assurances that he would not be stopped from returning to his country after he has testified in the Memo Commission. It is not clear whether any such precedent exists that the CJ can give his personal guarantee to a witness.

Talking to media persons on his return from Davos after attending the World Economic Forum Conference, the prime minister is reported to have said, “Any decision about the extension of DG ISI would be taken at an appropriate time.”

There is no explanation as to why did the prime minister say this but given the track record of the rulers and their style of soiled politicking, Gillani may use the extension card as a lever to get Pasha softened on memo issue. However, those, in Pakistan Army, who know Gen Pasha well are ready to vouch that Pasha is not a saleable commodity.

Only last week, Gen. Shuja Pasha submitted his statement before the Parliamentary Commission on National Security and reiterated his earlier stance before the SC i.e. he is satisfied that Mansoor Ijaz had enough corroborative material to prove his version of the incident.

In the absence of Mansoor Ijaz and even otherwise, the testimony of Shuja Pasha before the Memo Commission is vital for the reason that Gen. Pasha had met Mansoor in London on Oct 22, 2011 where Mansoor had shared with him in fair amount of details about the circumstances leading to the drafting of memo and why it was delivered through him.

In his statement before the SC and the NA Committee, Pasha had stated that after having seen the means of communications used and as produced by Mansoor Ijaz, he was satisfied that Mansoor had enough corroborative material to prove his version of the incident.

Like Mansoor Ijaz, the government would definitely want Pasha not to appear before the Commission or soften his stance and not to share the kind of details, which could be embarrassing for the government. At this stage, the government may smartly play the trick of giving a choice to Pasha i.e. embarrass the government or get the extension.

It was the memogate, which recently created serious differences between the civilian and military leadership with the former terming the memo a non-issue while the later terming it a serious issue of national security that required serious probe.

For the same reason, the prime minister launched repeated attacks on Pakistan military and even went to the extent of saying that the army chief and the DG ISI had acted unlawfully and unconstitutionally in their response to the SC’s notice issued to them in the memo case.

However, later the prime minister backed off and retracted all the venomous statements that he had issued against his own army and ISI.

In his latest statement, the PM Gilani said that he wanted to move beyond a series of statements (against army) that had almost cost him his government. He refused to talk about his earlier statements about the responses of the army and intelligence chief in the memogate case before the Supreme Court. “I do not want to revisit the matter. We acted against those responsible,” he said, referring to former Defence Secretary Naeem Khalid Lodhi, who the premier sacked after the Inter-Services Public Relations issued a strongly-worded rejoinder to Gilani’s statement in China.

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.

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.