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Friday, November 25, 2011

Supreme Court permits federation to submit additional documents in NRO review case

Supreme Court of Pakistan while setting new precedent has allowed the federation counsel Babar Awan to submit the additional documents in review petition filed by the government against the SC verdict on NRO.

A 17-member full court headed by Chief Justice Iftikhar Muhammad Chaudhry hearing the review petition on Thursday observed that the additional documents would be observed in presence of counsel for federation.
Earlier Babar Awan concluded his argument after four day long arguments, saying federation wants remove errors from the decision, adding that that there are kinds of errors in the court decision including factual wrongs, procedural wrongs and legal errors. The word deal written for NRO should be expunged from decision, Babar said.
He said that the 11 paragraphs pointed out by him should be removed from the court decision.
Meanwhile, Chief Justice Iftikhar Muhammad Chaudhry remarked that Mohtarma Benazir Bhutto wrote in her book that National Reconciliation Ordinance (NRO) was needed by Former President General (retd.) Pervaiz Musharraf.
Opening proceedings with his arguments, former Federal Law Minister Babar Awan said the relief given by the court ruling was not sought by any petitioner.
‘How was the federation affected with the verdict?’ the CJ Chaudhry queries adding the objection could have been raised by any political force; but, it is not becoming of the federation to take exception to the ruling.
The CJ said that Benazir did not show weakness in her book; accordingly, finger cannot be pointed to her in this connection, adding nobody took recourse to the court for review on part of Benazir. See the wisdom of BB who had not taken any relief of NRO, CJ said.
CJP said that Benazir was the daughter of that person who never accepted the wrong doings and nation observed that what happened in 1977.
Had Benazir entered any deal, she would not have supported the lawyers’ movement, he furthermore asserted adding she was a great leader of not only Pakistan and Asia but the world.
Babar said that during the hearing of case the Attorney General for Pakistan said that the wider issues would be examined separately, adding that he does not want restoration of NRO he is here for correction of the record errors.
Chief Justice said to Babar that court wants to know for last four days that what those wider issues are, adding that you have not told the court about ground of review petition.
Babar said that in past the law had been made on the wishes of the leaders and withdrawn on the wishes.
On this Chief Justice said that now it is impossible to lay down the laws on personal willing and none would be allowed to do so, adding that we proud on current government and cabinet members are also our elected leaders.
He said that it was the tradition of past that a dictator after many years rule handed over authority to other dictator but now it would be impossible to do so. Court verdict against NRO had given benefit to federation not any kind of loss, CJ said.
CJ addressing to federation counsel said that the lawyers’ movement have been appreciated through out the world.
CJ said that Prime Minister of the country Syed Yousuf Raza Gilani and Interior Minister Rehman Malik also faced the trials in the courts and they had not come to this court against NRO decision, adding that the people who issued NRO are feeling sorry on this black law.
Babar said that the jurisdiction of review is wider than appeal jurisdiction and he demanded more time for arguments but court directed him to conclude the arguments.
Later advocate Waseem Sajjad counsel for Malik Qayyum appeared before the court and said that his client had not been heard before decision and an order have been given against him to register criminal case, adding that Malik wrote letter to Swiss government for closing the cases on Sindh High Court directives.
Chief justice said that it was the duty of government instead of Attorney General, adding that Malik Qayyum had resigned just because of this decision.
Waseem said that Qayyum quoted the direction of SHC in his letter written to the Swiss government but proper time had not been given to him while hearing of the case.
Later the apex court took back its show cause notice given to advocate on record for none compliance of court direction. Court maintained that Abdul Ghafoor had used delaying tactics but due to his seniority court reversed show cause notices. Court also disposed of the applications of former deputy chairman NAB Naveed Ahsan and Prosecutor General NAB Danishwar Malik. Later court adjourned the further hearing of the case till Friday (today). SANA