When Prime Minister Yousuf Raza Gilani stood like a rock between Zardari and Switzerland, the court in an unprecedented act, disqualified him as law maker. His successor Raja Pervez Ashraf appeared destined to go Gilani way initially but after some show of defiance, agreed to write to the Swiss last month. Then followed weeks of wrangling over wording and after rejecting two drafts, the Supreme Court accepted the third draft of a letter to the Swiss authorities and asked for an update on the situation in four weeks.

"We found that the proposed communication conforms to the judgement of this court and it also expresses concern of the prime minister of Pakistan," Judge Asif Saeed Khosa said, ordering another hearing on November 14.

The new communication to the Swiss Attorney General will inter alia request that the letter sent in 2008 be ignored. That letter had made out a strong case for closure of proceedings against President Zardari.  

Gilani’s argument, backed by legal eagles in the PPP ranks was that the government could not ask the Swiss to reopen the cases as the president has immunity from prosecution as head of state. The case dates back to the 1990s, when Zardari and his wife, Benazir Bhutto were suspected to have laundered in Swiss banks an amount of  $12 million received as kickbacks in various deals when Benazir was the Prime Minister. It was this period that had earned for Zardari the sobriquet of Mr Five Percent.

Now the new letter would be set ‘without prejudice’ to any legal defence available to Zardari under Pakistan’s constitution and international law — an allusion to his immunity as head of state.

Law minister Farooq Naek welcomed the ruling, telling the court: ‘It is a victory of justice’. He also asserted: ‘No case has ever been proved against President Asif Ali Zardari, neither in Pakistan or abroad’.

But the roll back of opposition to writing to the Swiss will create an upheaval within the PPP. Former Prime Minister Gilani will take Raja’s stand, as a public snub. He is already sulking as Raja is going about axing his favourites in the bureaucracy and the party. Gilani has reasons to believe that President Zardari is backing Raja to the hilt; the way his family, particularly his son Ali Musa is being hauled up over production of Ecstasy drug may see him raise the banner of revolt. Will he make a formal break with Zardari and walk out of the PPP?  That decision will very much depend on how the political scene shapes up in the days ahead and his own reading of the people’s pulse after the date for next election is set in March. Political loyalties are not permanent in Pakistan as the politics of Gilani also shows. An ethnic Seraiki of Iranian descent from South Punjab, he dabbled with Pakistan Muslim League (PML) before landing in PPP.