ISLAMABAD - Chief Justice of Pakistan Justice Mian Saqib Nisar on Wednesday ordered former military ruler (r) Parvez Musharraf and Co-chairperson of Pakistan People’s Party Asif Ali Zardari to submit details of their assets held abroad.

The top court, while observing that the time had come to do something, also ordered former Attorney General for Pakistan Malik Qayyum to submit his details of foreign assets.

A three-judge bench headed by Chief Justice Mian Saqib Nisar issued these orders after hearing a petition filed by Advocate Feroz Shah Gillani, wherein it is requested for giving directions for recovering the huge amounts of public money misappropriated and wasted by Musharraf, Qayyum and Zardari.

On April 24, the top court had issued notice to former military dictator General (Retd) Pervez Musharraf over an application regarding the National Reconciliation Ordinance (NRO) 2007, which caused loss of billions to the national exchequer.

The court ordered the respondents in the petition to submit affidavits mentioning their assets held abroad and offshore companies if any.

During the course of hearing, the chief justice observed he had thousand people in mind from whom details of assets had to be sought. He said that he was not taking name of any political personality but those who think that they would not be caught would be found and apprehended. 

He further observed that all the cases regarding corruption would be taken up and no one would get immunity.

The CJ further observed that many would have taken benefit from amnesty scheme. Advocate Farooq H. Naek, appearing on behalf of Zardari, responded that the amnesty scheme was not for the politicians.

He further contended that his client had submitted a reply in the case stating that the petition regarding NRO was only an attempt to politically victimise him.

“The petition is misconceived insofar as it has failed to take into account the lengthy litigation which has already taken place with regard to the subject matter of the instant petition. Hence the instant petition has been filed deliberately ignoring the facts of the case. All such allegations and accusations were rebutted and proved false which is evident from the fact of the acquittal of Zardari in all criminal cases pending against him,” the reply of Zardari stated.

During the hearing, chief justice further questioned as to what was the issue in taking the Supreme Court into confidence adding: “we need to root out corruption and construct dams.”

The top court while issuing the orders of submitting details of foreign assets adjourned the hearing for August 7.

The instant petition, on which the orders were issued, stated that Musharraf arbitrarily withdrew criminal and corruption cases against politicians and others, including Zardari, which caused a huge financial loss to the national exchequer.

It added that a full bench of top court in its landmark judgment of 16 December 2009 declared the NRO void ab initio.

Thus the respondents Musharraf, Qayyum and Zardari are liable to compensate all the losses and damages suffered by the exchequer of debt-ridden Pakistan, including the loss of $60 million in the Swiss Banks representing the illegal funds acquired through corruption and money laundering by Zardari, the petition added.

It further stated that Qayyum, who had also been a judge, while hearing the Ehtasab case against the Zardari violated the Code of Conduct of the judges by obtaining undue favours from the prosecution side getting in return diplomatic passport and other benefits for himself and his wife in clear violations of the rules.

The SC in its judgment of NRO stated:“as far as issuing a letter to Attorney General of Geneva dated April 7, 2008 by Malik Muhammad Qayyum Attorney General) is concerned, it seems that he had done so in his personal capacity, against the Rules of Business, 1973,” the petition quoted the para from judgment.

Musharraf and Qayyum wilfully violated their oaths of office, as provided in the constitution, to the detriment of the country in violation of the rule of the law, in particular of Article 2, 2A, 25, 227 of the Constitution, it read.

Responsibility of the colossal financial losses to the national exchequer as described above rests fully with General (Retd) Musharraf, Qayyum and Zardari who should compensate the country by reimbursing the amount of the loss in the national exchequer, it reiterated.   The petition prayed the court to direct the federal government and NAB to recover the huge amount of public money misappropriated and wasted through unlawful means.

It further prayed to direct the relevant quarters for initiation of preliminary steps for recovery of the public money.