Saturday, December 17, 2011

NRO bane wraps government again


ISLAMABAD - Expressing concern over non-implementation of its decisions on NRO, the Supreme Court has fixed the implementation case in the first week of January 2012 and issued notices to the authorities concerned. The apex court had declared the National Reconciliation Ordinance (NRO) null and void in its December 16, 2009 judgment and maintained this decision in its verdict on the NRO review petition, ordering reopening of NRO cases and cancelling all the benefits accrued under the ?black law?.
The court on Wednesday issued notices to the Attorney General of Pakistan (AGP) and National Accountability Bureau (NAB) prosecutor general; and called explanation from the president and the prime minister, through their principal secretaries, federal secretaries of interior, law, and cabinet, the establishment division, NAB chairman, and all the provincial governors, chief secretaries, home secretaries, advocate generals and registrars of the high courts, as to why the verdict was not fully implemented.
The 17-member larger bench of the SC in its Dec 16, 2009 decision had directed to implement the court judgment forthwith, while the court dismissed the review petition as the federal counsel failed to make out a case and directed the relevant authorities to comply with the judgment in letter and spirit without any delay.
The court orders regarding several cases were implemented and many top officials including former NAB Chairman Naveed Ahsan, Prosecutor General Danishwar Malik and Deputy Prosecutor Abdul Baseer Quraishi were removed, but the federal government has been reluctant in implementing some cases, including the case related to President Asif Ali Zardari as it dithered on writing to the Swiss authorities for reopening his case.
Former attorney general Anwar Mansoor, ex-acting attorney general Shah Khawar and law secretary Aqil Mirza had to leave their jobs as they had shown their willingness to write to Swiss authorities. But the law ministry, then being headed by Babar Awan, came in their way.
The court in its Dec 2009 verdict had said that all the cases that were closed under NRO, issued in the Pervez Musharraf regime, should be restored; all steps taken, actions suffered, and all orders passed by whatever authority, any orders passed by the courts of law including the orders of discharge and acquittals recorded in favour of the accused persons, were declared never to have existed in the eyes of law and resultantly of no legal effect.
The cases in which the accused persons were either discharged or acquitted under Section 2 of the NRO or where proceedings pending against the holders of public office had got terminated in view of Section 7 thereof, a list of which cases furnished to apex court and any other such cases/proceedings which may not have been brought to the notice of this Court, shall stand revived and relegated to the status of pre-October 5, 2007 position.
All the concerned courts including the trial, the appellate and the revisional courts were ordered to summon the persons accused in such cases and then to proceed in the respective matters in accordance with law from the stage from where such proceedings had been brought to an end in pursuance of the above provisions of the NRO.
The federal government, all the provincial governments and all relevant and competent authorities including the prosecutor general of NAB, the special prosecutors in various accountability courts, the prosecutors generals in the four provinces and other officers or officials involved in the prosecution of criminal offenders were directed to offer every possible assistance required by the competent courts in the said connection.

Source: http://feedproxy.google.com/~r/pakistan-news-newspaper-daily-english-online/today-headlines/~3/_lvaNWb1pbo/NRO-bane-wraps-government-again

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