'President has immunity... there's no doubt about that'

Prime Minister Syed Yousuf Raza Gilani informed the Supreme Court on Thursday that constitutional immunity to the President had hindered him from writing a letter to Swiss authorities for opening cases against him. Counsel for the Prime Minister Aitzaz Ahsan pleaded that President Zardari enjoyed immunity under Article 248 of the Constitution inside and outside the country, arguing that Zardari did not enjoy that immunity as a person but as the President of Pakistan.
In response to a question, Aitzaz told the bench that a letter against Zardari could have been written to Swiss authorities if he was not holding the office of the head of the State. At this moment, however, the case only pertained to the issuance of a contempt notice to the PM.
----- Prime Minister speaks of his respect for the court and the constitution
----- Justice Khosa describes it a great day for Pakistan
----- Supreme Court adjourns hearing till February 1
The Prime Minister appeared before a seven-member special bench headed by Justice Nasir-ul-Mulk in pursuance of a show cause notice to explain why contempt of court proceeding should not be initiated against him over the non-implementation of National Reconciliation Ordinance (NRO) verdict of the court. On the request of Aitzaz, the bench adjourned the hearing till February 1 and also exempted the Prime Minister from personal appearance on the next date of hearing.
During the course of hearing, Gilani told the bench that Pakistan People's Party had always respected the judiciary and he was appearing before the bench in person as the court had ordered. According to him, his presence in the court proves the fact that he has deep respect for the judiciary.
He maintained that President Zardari enjoyed complete immunity not only in Pakistan but also across the world as articulated in the Constitution of Pakistan. "The President enjoys a constitutional immunity and writing a letter to Swiss authorities against his own President will tarnish the country's image in the world," the PM submitted.
Justice Nasir-ul-Mulk observed that a summary was sent to the Prime Minister not for NRO verdict's implementation, but its non-implementation. Appreciating the presence of Prime Minister Gilani in the court‚ Justice Asif Khosa remarked, "It is a great day for the rule of law that incumbent Prime Minister Syed Yousuf Raza Gilani is appearing before the Supreme Court in pursuance of court orders."
Justice Sarmad inquired why the government has not been writing a letter for the last two years. Aitzaz replied that the President enjoyed constitutional immunity. According to him, a letter could be written to Swiss authorities in case he was not holding the office of President of Pakistan. Ahsan further argued that the PM was advised by the Law Ministry against writing a letter. Aitzaz added that he had publicly stated that writing a letter would not make any difference.
Justice Asif Saeed Khosa said that the bench may write down his statement. Aitzaz responded by saying that his position and the merits of the PM's case were quite different. Ahsan pleaded that he would establish from record that the PM had acted in good faith if he had not written a letter to Swiss authorities. Justice Osmani asked the question whether the PM had acted in good faith was linked with the question of immunity under Article 248 of the Constitution. "My case pertains to the issuance of contempt notice only - I don't raise the immunity issue before the bench," Aitzaz contended.
On the occasion, Ahsan said the media created a hype as if the SC had already made up its mind against Gilani. However, Justice Nasir-ul-Mulk said he had not read a single article or watched a T.V show ever since he took up the matter in hand. Justice Khosa asked Aitzaz whether or not the government would write a letter. The counsel replied that an inquiry could be held against President Asif Alif Zardari only when he was not the President of the country. Justice Khosa observed that remarks broadcast in the media regarding the Prime Minister were not part of the judgement on January 10.
Reuters adds: Ahead of the court hearing, police blocked off parts of the capital city to impose tighter security. Hundreds of policemen were stationed outside the Supreme Court as every car was checked. Gilani's security men, in dark suits, combed the premises.
After the hearing, members of various bar associations chanted slogans in support of the court. "We felt we had to come and support the judiciary, not let anyone intimidate them," Rana Umer Iqbal, 28, a lawyer from Islamabad told.