to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee. — Captain Ahab’s last words from Moby Dick.
The Swiss Prosecutor-General said that Zardari can’t be prosecuted in Switzerland because Switzerland is a signatory to a 2004 UN General Assembly convention on the immunity of heads of state. Here is the link to the Swiss government page that discusses this.
According to the Federal Supreme Court, immunity is weakened in the following two cases:
When a state expressly waives the immunity of its head of state, the head of state cannot invoke immunity.
When a head of state leaves office, immunity no longer holds.
According to the Swiss Prosecutor-General, Pakistan would have to revoke the president’s immunity which would require a constitutional amendment of article 248 in order for the Swiss courts to proceed with the prosecution of Zardari.
So what exactly is the Chief Justice’s plan today when he asked the NAB to send another letter to the Swiss authorities?. How does he plan to overturn the President’s constitutional immunity? And if he doesn’t, why is he threatening to re-open the Swiss cases when the Swiss Prosecutor-General has clearly stated that this is not possible? I think we need to seriously consider the possibility that the Chief Justice is mentally unsound.