The history of the Swiss case
President Asif Ali Zardari.—Illustration by Faraz Aamer Khan/Dawn.com
Contrary to the views of many in Pakistan, June 19, 2012 was one of the bleakest days for democracy in the country. An elected prime minister was disqualified by the highest bench of the judiciary on charges of contempt of court. The case made history as it remains the only case in Pakistan which resulted in the termination and disqualification of an elected representative of the parliament.
The contempt of court case was initiated against Yousuf Raza Gilani when he refused to correspond with the Swiss authorities to reopen money laundering case against President Asif Ali Zardari
The history of the case can be traced back to the first term of Benazir Bhutto. It all began when the constitutional order was amended which empowered the president and restricted the prime minister’s powers. Ghulam Ishaq Khan was elected as the president of the country in 1988 and appointed Benazir Bhutto as the prime minister of Pakistan. However, the power struggle between them was evident from the beginning which came to an end when Khan in August 1990 dissolved the national assembly and dismissed Bhutto on charges pertaining to corruption as well as failure to maintain law and order.
Muhammad Nawaz Sharif was elected as the prime minister on November 1, 1990. However, in 1993, Khan again exercised his power through the eighth amendment of the Constitution and dismissed Sharif. The Supreme Court intervened and reinstated Sharif which eventually forced Khan to resign but Sharif’s term ended in the same year.
In 1993 Bhutto was re-elected as the prime minister of the country. Bhutto’s second tenure marked many controversial events including the assassination of Mir Murtaza Bhutto which sabotaged her political career significantly. The then president, Farooq Laghari, dismissed her government after three years over charges of corruption and mismanagement.
Asif Ali Zardari, although never convicted, was in prison from 1997 to 2004 on charges pertaining to money laundering, corruption and murder.
Sharif was re-elected as the prime minister of Pakistan and initiated the case in Switzerland in 1998 which accused Benazir and Asif Zardari to have embezzled $60 million in kickbacks in Swiss bank accounts. In August 2003, both, Benazir and Zardari were found guilty of the scam. However the penalties that summed up to a fine of $100‚000‚ and the order that they return some $2 million to the Government of Pakistan‚ were suspended on appeal.
In 2007, Benazir and Pakistan Peoples Party (PPP) allegedly negotiated a deal with Pervez Musharraf who issued an amnesty law under which the corruption cases were considered closed. However, in 2009, soon after his reinstatement, Chief Justice Iftikhar Mohammad Chaudhry who was suspended by Musharraf in 2007, ordered to reopen the Swiss case. However, Daniel Zappelli‚ Switzerland’s prosecutor-general said that head of the state cannot be prosecuted as he enjoys immunity and if Pakistani authorities decide to lift the immunity then he should be tried in his own country.
In the latter half of 2010, Saif-ur-Rehman, who served as the interior minister during Sharif’s second term, revealed the fact that Sharif coerced the judgement on Swiss case against Bhutto and Zardari. The proceedings of the Swiss case were expedited on Sharif’s demands and the penalty was also influenced by him.
The proceedings and the verdict, as revealed by Saif-ur-Rehman, cast doubt on the authenticity and transparency of the same.
In 2011, the Supreme Court ordered Gilani to send a letter to Swiss authorities to reopen the graft case against the head of the state. However, Gilani did not comply with court’s orders because he was of the view that Zardari enjoys immunity being the head of state. The Supreme Court charged the former prime minister with contempt of court and declared him convicted of the same on April 26, 2012. Gilani was formally disqualified on June 19, 2012.
all parliamentarians are corrupt no any politicain could be proved chested those who filed petition against zardari are themselves most corrupt even judges have politicized and bias and targeting only one party which is unfair in recent verdict of our apex court that gillani has been disqualified and can't contest in election for five years . the termination of gillani from parliament is not cogent solution to take the country out from political crisis . actual this is the not political battle but this is the battle of egoism, no any body want to give in . according to my point of view that new elections should be conduct as soon as possible with new care taking set up which should be neutral and all supreme coutr judges including chief justice and president zardari should resign from their status so that country may stable for progress.
Why is it the bleakest day in the history of Pakistan? Critical component of democracy is check and balance between various institutions which was on display here. While not perfect (and no system really is) it shows that there are lawful means of getting rid of corrupt leaders.
Long Live the supreme court!
My question is why PM would write a letter against his own President, if the Judiciary is free and competent which is visible by their actions of once sending an elected PM to the gallows and disqualifying the other elected PM, then why not SC can send the letter to Swiss Authorities itself by taking a Suo Motto.
I will count the judgment an impartial one when our honorable supreme court shows same efficiency in Asgar Khan case and other cases of urgent nature so that people will have more knowledge about the politicians in Pakistan. If they don't do then I will have doubt on Supreme court’s impartiality!!!
Judiciary has a very important role in any democracy, how come PPP does not understands this. The ex-prime minister Gilani should be made accountable for all the sufferings and losses caused to Pakistani people and the country due to his wrong deeds. Democracy can only flourish with proper accountability and now regardless of party affiliation people of Pakistan should stand up against corrupt politicians and official–all kind of corrupt practices were introduced in Pakistan by PPP after assuming power in 70's and now people of Pakistan must make them pay back.–The Chief Justice has done a great service to Pakistani society and this process must continue.
when judges are free to judge,they must have code of conduct as for taking supreme judicial decisions.how it will be decided that law graduated persons supporting coup instead of constitution and the right to amend the constitution to chief executive. all those culprits and their co partners required to be cleaned before senate of Pakistan. moreover one of the retired justice who was the then president must be asked to clear his position along with judges of high courts, Fedral sahariat court as well as Supreme court from 1998 to today. Anyone Corrupt in the judicial institution is defended by his attorneys who actually dominate and clears them with the support of counterparts requires rigorous amendments.Any judge who ever supported a dictator for a moment would be named as liar and any dictator who took step to form a government by other than election be named as high profile criminals along with their appointments. truth never requires advocacy sir, therefore if Clinton can be impeached being administrator,a person for legal body would be made answerable to public also for his act.
May Allah bring better candidates for all improvement