SC zeroes govt options on NRO

ISLAMABAD - The Supreme Court on Friday rejected the federal governments petition seeking review of the NRO judgement, saying the counsel of the federation failed to establish ground for a case. Chief Justice Iftikhar Muhammad Chaudhry, who was heading a17-member bench, delivered the verdict on the federations pending pleas for review of certain aspects of Dec 16, 2009 judgement of the SC wherein the court had struck down the contemptuous National Reconciliation Ordinance (NRO). The four lines judgment said: The court from Nov 21 to Nov 24, 2011 heard the federation counsel Dr Babar Awan at length and considering all the aspects of the review petitions filed under Article 188 of the Constitution of Pakistan to revisit the judgment. The counsel (Babar Awan) failed to make out a case (and) as a result the review petition is dismissed. The court directed the relevant authorities to comply with the judgment in letter and spirit without any further delay. The apex court in its Dec 16, 2009 order had declared the NRO as 'void ab initio, 'ultra vires and in violation of certain articles of the constitution, saying that the ordinance issued in 2007 by Musharrafs dictatorial regime must 'be deemed non est from the day of its promulgation. All the cases, disposed of because of the controversial ordinance, were revived as of Oct 5, 2007 position. In addition, the court had ordered the government to write to the Swiss authorities for reopening cases against NRO beneficiaries including, President Asif Ali Zardari. Babar Awan on Nov 19, 2011 filed an application in the Supreme Court insisting on grant of permission to represent the federation in the review petition. He on Nov 24 (Thursday) prayed the court that he wanted to submit some documents. It is settled principle of law that ordinarily at the review stage, a document is not allowed to be produced unless it is very much relevant to do complete justice. Therefore, initially the court declined the request but after a second thought formed the opinion that the learned counsel could produce and read out the documents to the court. The court during Thursdays proceedings directed Attorney General of Pakistan (AGP) Maulvi Anwarul Haq to convey the message to Babar Awan to appear before the court. Despite the SC direction Babar did not appear on Friday. Advocate on Record Mehmood A Sheikh requested the bench to adjourn the case but the worthy court denied it. The court then asked Law Secretary Masood Chishti, who was present in the court, to read out the documents saying it was he who had filed the petition on behalf of federation, adding that the bench did not expect the case to be argued and that a simple reading would suffice. The Law Secretary requested the court that let Babar Awan come on Monday in the court and he would read the documents, but the court rejected his plea. The absence of Babar Awan annoyed the court. The chief justice remarked that Babar Awan was a senior lawyer but 17 senior judges are sitting in the court, therefore he should have attended the hearing. Chishti refused to comply with court orders, saying that he is not in a position to do so. When the chief justice asked him 'Cant you read English? Chishti read out only one page and refused to read further. He said he realises he will face contempt of court charges and is prepared to go to jail as he is 'not interested in this job. The court ordered the AGP to read the document through-and-through pertaining to cases of Asif Ali Zardari, late Benazir Bhutto and others. During the Nawaz Sharif period there was a correspondence between the law ministry, Ehtesab Bureau and Swiss officials regarding Zardaris money laundering case. The court questioned as to how the documents from 1997 to 1999 were relevant to the case as NRO was promulgated in 2007. Justice Asif Saeed Khan Khosa remarked that so much fuss was created that heavens may fall, if the documents would be read in the court. He said the court did not like to stop the way of justice therefore Babar Awan was allowed to read them in the court. Justice Jawwad S Khawaja said the only reason they did not like that documents be read in the court was that there were names of dignitaries of Pakistan Peoples Party (PPP), including PPP founder Zulfikar Ali Bhutto. They did not want people should know those names, he added. The court then dismissed all the petitions for the NRO review, ordering that its NRO verdict should be implemented in letter and spirit. The court later hearing the petition of Syed Nasir Shah, former Solicitor General at the Law Minister, pardoned him. He was issued notice for not cooperating with the court during the NRO proceedings. Appearing before the bench Nasir sought unconditional apology and said: I throw at the mercy of the court. The court accepted his plea and discharged the case.

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