Islamabad court dismisses petition seeking Mansoor Ijaz's arrest

ISLAMABAD: An Islamabad Court on Wednesday dismissed the petition filed calling for the arrest of Mansoor Ijaz, the central player of the Memogate scandal.

The Islamabad District Court in its verdict said that Ijaz, being an American national, could not be arrested by Pakistani authorities until he violates any law in Pakistan.

District Court Judge Wajahat Hussain reserved the judgment after hearing arguments of the petitioner’s counsel, Raja Israr Ahmed Abbasi.

Abbasi had told the court that Ijaz was a ‘secret agent’ trying to destabilise the democratic government by publishing ‘fake’ and ‘baseless’ memo-related documents.

Abbasi had said that in addition to the memo, Ijaz’s statements, articles and analysis published in the international media were sufficient enough to charge him with offences of sections 153-A, 177, 197, 199, 200, 468, 471 and 505 of the Pakistani Penal Code (PPC).

Abbasi added that he should be immediately arrested upon arrival in Pakistan.

However, the judicial commission probing the Memogate case had earlier told the court that a case filed against Ijaz was not maintainable and said that it was the petitioner, Khalid Jameel Sati’s, an activist associated with the Pakistan Peoples Party (PPP), attempt to get “cheap publicity”.

The police also refused to register an FIR against Ijaz upon Sati’s request.

Additionally, the judicial commission had earlier ensured Attorney General Maulvi Anwarul Haq that a case cannot be registered against Ijaz as long as he’s not present in Pakistan.

It had earlier been reported that the court would release it by 1pm.

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Switzerland ready to cooperate in Zardari graft cases

LAHORE: Despite expressing complete neutrality on the graft cases against President Asif Ali Zardari and terming it an ‘internal matter’, the government of Switzerland has said that they will always be ready to cooperate with other states requesting mutual legal assistance through established channels.

Responding to written queries by FTNews, the Swiss Embassy in Islamabad stated that: “Contrary to misperceptions, Swiss banking regulation is no obstacle for authorities to prosecute. It was regularly lifted in all kinds of investigations including tax offences and money laundering cases.”

However, one thing is clear: There are no criminal proceedings pending against President Zardari or former prime minister Benazir Bhutto after a Swiss investigating magistrate handed down a six-month suspended sentence against the couple.

“One thing must be clearly understood. Contrary to common perception, the Supreme Court is not asking the government to write a letter to re-open criminal proceedings against anyone,” clarified prominent lawyer Abid Hasan Minto.

“Pakistan’s government was never party to criminal proceedings against the Swiss companies SGS and Cotecna. Those proceedings were started by the Swiss government on their own initiative since both the companies are Swiss. Once the charges of money-laundering were proven, then the Pakistani government asked the Swiss government to return the $60 million frozen in the name of those Swiss companies,” added Minto.

“When the National Reconciliation Ordinance (NRO) was signed by former president General (retd) Pervez Musharraf, Pakistan’s government filed a petition asking to withdraw the application regarding the frozen money. And now the court is asking to revive that application if possible,” said Minto.

“However, there is a time-barring factor here. It is believed that if the Swiss cases are not revived by April, they would be rendered dead and then they cannot be revived. That is why the court is pressing the government to write the application now.”

Both the SGS and Cotecna are shipment inspection firms who were hired by late Bhutto’s government in 1995 to check imports for quality. Money-laundering speculations surfaced when it was reported in the media that the couple had deposited kickbacks worth millions in two alleged front off-shore companies. The party, President Zardari and Bhutto, during her lifetime, vehemently denied the charges.

The Pakistan Peoples Party termed the whole saga a ‘political witch-hunt’. In a recent interview, President Zardari categorically stated that his government would never ask the Swiss government to re-open the matter.

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SC rejects appeal to reopen NAB reference against Sharifs

ISLAMABAD: The Supreme Court dismissed the National Accountability Bureau’s (NAB) appeal against Sharif brothers on Wednesday and ordered it to release all their assets, reported FTNews.

A three-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing the case.

NAB Prosecutor General KK Agha also appeared before the court and presented an agreement signed between Pakistan Muslim League- Nawaz (PML-N) chief Nawaz Sharif and the government.

Agha argued against the verdict saying that this way any one can come to get their assets released, but the court responded by saying that the Lahore High Court has already clearly said that the assets which are related to security fall under the court’s jurisdiction and not the NAB.

The court added that the LHC has heard the cases against the family and has released them, and now there is no case left against them.

It also said that keeping the Sharif family assets in custody was an “unlawful and unconstitutional” act on behalf of NAB.

Last year in December, the NAB had appealed in the apex court to challenge the Lahore High Court’s verdict delivered on October 4, 2011 for returning shares worth Rs115 million. The appeal listed PML-N chief Nawaz, his brother Shahbaz Sharif and at least a dozen family members as respondents.

The Lahore High Court’s verdict was also restored in today’s hearing.

NAB had stated that the LHC committed an error in deciding “that there was no agreement/settlement between Mian Nawaz Sharif and the federal government”. The LHC had ignored the SC’s judgment, which clearly proved the existence of such an agreement, according to the appeal.

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Gilani not guilty of contempt: Aitzaz

ISLAMABAD: Pakistan’s embattled prime minister is not guilty of contempt of court but should bow to pressure and ask Switzerland to reopen graft cases against the president, his lawyer said Wednesday.

The comments from Aitzaz Ahsan are the clearest indication yet that Yousaf Raza Gilani may step back from the brink of further confrontation with the judiciary when he is summoned before the Supreme Court on Thursday.

The Supreme Court has initiated contempt of court proceedings against Gilani, exasperated by the government’s refusal to write to the Swiss asking them to re-open graft cases against President Asif Ali Zardari since an amnesty expired in 2009.

“Asif Ali Zardari has complete immunity as president,” Ahsan told reporters.

“There is no harm in writing a letter to the Swiss authorities. He enjoys immunity in Pakistan and abroad as long as he is president,” he added.

Gilani’s decision to appoint Ahsan as his lawyer has been seen as a reconciliatory gesture to the judiciary, which has been on a collision course with the government that most believe will force early elections this year.

Ahsan is a senior leader in Pakistan People’s Party (PPP) and a leading barrister well respected by the judiciary for his role in forcing the government to reinstate independent judges in March 2009.

Ahsan said he did not believe Gilani would be convicted.

“I don’t think the prime minister has committed contempt of court by not writing the letter. Through my arguments I will try to convince the court that the prime minister is not guilty of contempt.”

PPP leaders have accused the judiciary of overstepping its reach and colluding with the army to bring down the administration before its five-year mandate ends in 2013.

Last year, a Swiss prosecutor said that it would be “impossible” to reopen a case against Zardari, as he has immunity.

PM will set new precedent by appearing in court: Khursheed Shah

Federal Minister for Religious Affairs Syed Khursheed Shah said that the prime minister will set a new precedent in the history by appearing before the court, reported FTNews on Wednesday.

Talking to the media in Rawalpindi, Shah said that whoever went to the court in the past has only created a fuss, but his government will not do anything similar.

He added why the prime minister would clash with the very judges whom he had himself reinstated in the past.

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IHC directs govt to submit reply over Lodhi’s sacking

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the federal government to submit a reply regarding the sacking of Khalid Naeem Lodhi from the position of defence secretary, FTNews reported.

During a hearing of the petition filed by Lodhi challenging his dismissal, his counsel Munir Paracha said Lodhi’s sacking was illegal and mala fide.

The counsel further argued that rules and regulations were not taken into consideration in the issue.

He requested the court to declare the order of Lodhi’s removal invalid.

In the petition, Lodhi had claimed that his termination as defence secretary was illegal, and that it was intended to clear the way to arbitrarily remove the Chief of Army Staff (COAS) and Director General Inter-Services Intelligence (ISI) for personal and political gains.

The petition, filed on Tuesday, cited the president, prime minister, cabinet secretaries, the establishment division and Acting Secretary Defence Nargis Sethi as respondents.

During Wednesday’s hearing, IHC’s Justice Riaz Ahmed Khan directed the federal government to submit a reply on the issue.

Subsequently, the hearing was adjourned to the second week of February.

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