IN THE SUPREME COURT OF PAKISTAN
Mr. Justice Asif Saeed Khan Khosa
Mr. Justice Ejaz Afzal Khan
Mr. Justice Ijaz Ahmed Chaudhry
Mr. Justice Gulzar Ahmed
Mr. Justice Muhammad Ather Saeed
Criminal Original Petition No. 74 of 2012
Suo Motu Case No. 04 of 2010
(Contempt proceedings against Raja Pervez Ashraf, Prime Minister
of Pakistan / Chief Executive of the Federation, in pursuance of
this Court’s order dated 08.08.2012)
For the Respondent:
Mr. Farooq H. Naek, Federal Minister for Law and Justice
with Mr. Dil Muhammad Khan Alizai, Deputy Attorney-General for Pakistan
Asif Saeed Khan Khosa, J.:
As directed by this Court on
18.09.2012 and as instructed and authorized by the Prime
Minister of Pakistan in that respect on the said date Mr. Farooq H.
Naek, Federal Minister for Law and Justice, had produced before
us on 25.09.2012 the required authorization mentioned in the
order dated 18.09.2012 and a draft of the communication to be
addressed and dispatched by the Government of Pakistan to the
Attorney-General, Geneva, Switzerland in compliance of the
direction contained in paragraph No. 178 of the judgment handed
by this Court in the case of Dr. Mubashir Hassan v. Federation of
(PLD 2010 SC 265). We had perused the draft
communication on that day and had required Mr. Naek to improve
the same so as to meet the requirements of paragraph No. 178 of
the above mentioned judgment and the hearing of the matter was
adjourned at his request to 26.09.2012. He had then produced an
altered draft of the communication on 26.09.2012 and after
perusal and consideration of the same we had found the same to
be still deficient upon which he had sought time till 05.10.2012 to
improve the draft further so as to meet the requisite requirements.
Some aspects of the draft produced by Mr. Naek on 05.10.2012
also needed to be attended to and, thus, the matter was adjourned
at his request till today. Mr. Naek has produced an amended draft
before us today which is reproduced below:
This is with reference to the letter dated 22nd May 2008
addressed by Malik Mohammad Qayyum, the then Attorney General of Pakistan to Mr. Daniel Zappelli, Attorney General, Geneva, Switzerland.
In view of the directions given by the Supreme Court of
Pakistan in Paragraph 178 (copy attached as Annex-I) of its Judgment dated 16th December 2009 in the case of Dr. Mobashir Hasan, reported as PLD 2010 SC 265, the aforesaid letter is hereby withdrawn and may be treated as never written and therefore revival of requests, status and claims, is sought.
This is without prejudice to the legal rights and defences
of the Presidents/Heads of State which may be available under the law, constitution and international law.
We find that the proposed communication conforms to the
requirements of paragraph No. 178 of the judgment of this Court
rendered in the case of Dr. Mubashir Hassan
and it also addresses
the relevant concerns of the Government of Pakistan voiced before
this Court by the Prime Minister on 18.09.2012.
Mr. Naek has informed us that the relevant communication
shall be dispatched to Switzerland through the Foreign Office and
the same shall be delivered to the Attorney-General, Geneva,
Switzerland by the Ambassador of Pakistan in Switzerland or his
representative and the process is likely to take about four weeks.
Let the needful be done by the Government of Pakistan within a
period of four weeks from today and proof of actual receipt of the
said communication by the Attorney-General, Geneva, Switzerland
be produced before the Court on the next date of hearing. In the
meanwhile Mr. Naek shall place on the record of this case a copy of
the relevant summary for the Prime Minister, a copy of the Prime
Minister’s order regarding authorization, a copy of the
authorization and a copy of the actual letter/communication (with
its diary number, date and signatures) dispatched to Switzerland.
1 Examples from recent years include rofecoxib (Vioxx°) with fatal cardiovascular events, selective serotonin reuptake inhibitorantidepressan ts (fluoxetine (Prozac°), paroxetine (Deroxat°/ Seroxat°) and others) and rimonaban t (Acomplia°) with increased suiciderisk, olanzapine (Zypre xa°) with diabetes and metabolic disorders, and rosiglitazone (Avandia°) with fatal cardiac disorders. 2 p
Ganzheitliche homöopathische Therapie der ErkältungskrankheitenDie Modulare Immun-ResonanztherapieIn der Offizin haben homöopathische Komplexmittel einen hohen nähert, muss man nahezu zwingend die Stel enwert, unter anderem auch bei der Behandlung der Erkältungs-Selye berücksichtigen. Banale Infekte, ein krankheiten. Oft stehen Patienten mit einem konkreten Präparate- leichter Schnupf