"NRO review"

The historical judgment of the Supreme Court striking down the November 3 emergency by General Musharraf, the court considered it appropriate to leave NRO and the issue of Musharraf's punishment for Parliament to decide. These are two most complex issues over which parliament seems to have divergent views. As regards NRO it is almost certain that it will not be able to take any action within 120 days allowed by the Supreme Court. This will be an easy way out for those holding public or political office in the present government under cover of NRO even though they were convicted in cases of corruption or other serious crimes between 1986-99. NRO specifies in clause 7, "Notwithstanding anything contained in this Ordinance or any other law for the time being in force, proceedings under investigation or pending in any court including a high court and the Supreme Court of Pakistan initiated by or on a reference in the National Accountability Bureau inside or outside Pakistan, including proceedings continued under section 33, requests for mutual assistance and civil party to proceedings initiated by the Federal Government before the 12th day of October, 1999 against holders of public office stand withdrawn and terminated with immediate effect and such holders of public office shall also not be liable to any action in future as well under this Ordinance for acts having been done in good faith before the said date." This carte blanche pardon of political leaders and government servants, who had mostly escaped to foreign countries to enjoy the fruits of their illegally plundered national wealth, will go down in Pakistan's history as the most serious crime committed due to selfish motives by Mr. Musharraf. Luckily, however a Supreme Court bench has requested the Chief Justice of Pakistan to constitute a larger bench to review cases in which relief has been given under the National Reconciliation Ordinance. The bench comprising Justice Shakirullah Jan and Justice Raja Fayyaz Ahmed was hearing an appeal of Fazal Ahmed Jat, a former assistant director of the Federal Investigation Agency, against the rejection by the Sind High Court of his relief plea filed under the NRO. Mr. Jat was booked in a corruption case by the National Accountability Bureau in 2007. Two petitions - one by former PPP leader Dr. Mubashir Hasan and the other by retired bureaucrat Roedad Khan have also been filed - pleading that NRO which violates the fundamental rights of people, is against political justice and contravenes the UN Convention against corruption to which Pakistan is a signatory. The Supreme Court bench has requested the Chief Justice of Pakistan to constitute a larger bench to interpret section 7 (quoted above) of the Ordinance. The bench has further suggested that all cases in which relief was granted under the NRO should be clubbed together and examined by the larger bench. It seems God has given another opportunity to the Apex Court to examine all those cases once again which deserved punishment but the culprits were given pardon under NRO to enjoy fruits of their corruption. There is no doubt that corruption is a curse which has eaten into the vitals of Pakistan, destroying its economy, its political system and its integrity in the eyes of the world. It is NRO, which has given indemnity for their crimes to a large number of corrupt people who are holding important positions in the Pakistan government today. Pakistan people know that fully well and consider across the board pardon to them as travesty of justice. Linked to this is General Musharraf's punishment for his unconstitutional actions of November 3, is also in doldrums. The prime minister has announced that in case parliament reaches a unanimous verdict the government will start proceedings for General Musharraf's punishment. It seems that the house is divided and this parliament will never reach a unanimous verdict on Musharraf's punishment and the issue will conveniently be shelved or referred to the Supreme Court once again. If Musharraf has committed a crime under the constitution and law of the land, then he must be punished by the Supreme Court, like any citizen of Pakistan. Another case which needs immediate attention of the Apex court is the unbelievable escalation in the price of sugar which has hit an all time high. The prices of many other items of grocery have also sky rocketed with the advent of the month of Ramadan. The government has failed to take action against some leading sugar mills which have allegedly held back 30 percent of the total stocks owned by TCP, which stores its stocks with sugar mills as buffer. It is reported that influential sugar mill owners with political clout did not release their stock through various delaying tactics to maximize their profits. In case of sugar, these tactics have often been used by influential sugar mill owners at the cost of the common man almost every year on the occasion of Ramadan. The Supreme Court may graciously like to take Suo Moto notice of not only sugar prices, but also, the daily galloping increase in the prices of almost all kitchen items. Successive governments have always failed to control these prices and the present government also does not seem to be taking effective steps to check the price spiral. E-mail: burhanhasan@hotmail.com

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