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Stance on Swiss cases after SC review: Gilani
09-29-2010, 01:44 PM
Post: #1
Stance on Swiss cases after SC review: Gilani
ISLAMABAD: A day after a perceived legal crisis abated, Prime Minister Yousuf Raza Gilani said his government would take a public stand on the Supreme Court demand to reopen the Swiss cases involving President Asif Ali Zardari after the judges decide a review petition on the NRO.

In an interview with a Dawn panel, he ruled out the chances of the government coming out with a so-called summary similar to the one he was earlier reported to have signed to tell the apex court that Islamabad would not write to a Swiss court to revive the withdrawn cases against the president because of his constitutional immunity.

“There is no need of a summary now,” the prime minister said and declined to confirm or deny last week’s media reports that the law and justice ministry had handed him the recommendation that the Supreme Court order on Swiss cases contained in its Dec 16, 2009, ruling -- which nullified the controversial National Reconciliation Ordinance of 2007 of then president Pervez Musharraf -- could not be complied with.

No such summary was presented when the court took up the case on Monday and, in an anti-climax of some wild media speculations about a showdown between the government and the judiciary, adjourned the hearing on a government request till Oct 13 when it will take up the review petition.

Contrary to his previous outspoken defence of the presidential immunity against any criminal prosecution under clause (2) of the Constitution’s Article 248, Mr Gilani would not answer whether or not the government would take the same stand in the future, on the ground that the matter was sub judice.

The clause says: “No criminal proceedings whatsoever shall be instituted or continued against the president or a governor in any court during term of office.”

The prime minister also sidestepped a question about the possibility of heating up or an end to a perceived power struggle between parliament and the judiciary following the 18th Amendment and said there was no conflict between the institutions born of the 1973 Constitution and working within its sphere.

“The Constitution gave rights to all the institutions. We are here to protect the Constitution and respect and strengthen institutions. Therefore, I don’t think that there is any sort of (conflict),” he said. Answering a question, the prime minister said: “Institutions are working within the sphere of the Constitution. There is nothing to fear.”

NEVER SO GOOD WITH ESTABLISHMENT

Mr Gilani asserted that his PPP-led coalition government had good relations with the so-called ‘establishment’ -- which he acknowledged meant the military -- unlike the previous three PPP governments when the situation was not the same. “This is for the first time we are on the same page.”

The prime minister rejected a perception that he might seek a fresh vote of confidence from the National Assembly in the aftermath of adverse speculation about the future of his government. “Parliament is with me,” he said, adding: “What is the need for me (to seek a fresh vote).”

Rejecting speculation in a section of the media of perceived dangers to his government, he asked those who heeded such reports to believe the government. “You have been believing others (and) they have let you down badly,” he said. “Now you should believe us. We are here to stay.”

Mr Gilani ruled out any reduction of his large cabinet before the downsizing mandated by the 18th Amendment from the next year to a maximum of 11 per cent of the parliament members.

He said he would take a decision on whether or not to sack NRO beneficiaries among government officials once he received a list from the law ministry.

Asked what good his government had done for the masses, Mr Gilani said the barometer of popularity for any party was election and referred to several by-elections won by his party over the past two and half years.

When his attention was drawn to PML-N chief Nawaz Sharif’s recent allegations that the PPP government had failed to do anything worthwhile so far, the prime minister said: “We have implemented 27 of the 32 points agreed in the Charter of Democracy (signed by Ms Bhutto and the PML-N leader).”

Mr Gilani appeared to be ruling out any immediate plan for a military operation in North Waziristan as often suggested by US officials to eliminate suspected Al Qaeda and Taliban hideouts, but said in reply to a question that this could be done “if there is need” and “wherever there is a threat”.
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