Supreme Court of Pakistan rejecting federation review petition has directed to the authorities to implement the court verdict against National Reconciliation Ordinance (NRO) in letter and sprit.
A 17-member full court headed by chief Justice Iftikhar Muhammad
Chaudhry announcing land mark judgment maintained that review petition
was filed by the federation under Article 188 of Constitution to revisit
the judgment given by the apex court and the counsel has failed to
makeup the case in view of that court dismisses the review petition.
The court maintained that submission of additional documents is not
allowed according to the set law but federation counsel was directed to
submit the additional documents and read them before the court, adding
that federation counsel had not appeared even several messages have been
sent to him through court office as well as through Attorney General
for Pakistan.
Court has said that the registrar office earlier had not entertained the adjournment application filed by Babar Awan.
Court has said in verdict that during the course of hearing when it
was said to the secretary law and justice to read those documents and do
not argue the case, he denied to read the same instead of a letter, so
court shows annoyance over the attitude of the federal secretary. Court
said that Babar Awan and federal secretary law have disobeyed the court
orders.
Court said that after that court asked Attorney General to read the
documents, those all documents are of the years 1997 to 1999 and the
names of Asif Ali Zardari, Benazir Bhutto and others were in those
documents.
Court said in order that 17-member bench is hearing federation review
petition and additional documents are not relevant to the petition.
Court has said in it decision that counsel for federation ha argued
the case from 21 November to 24 November, adding that he argued on all
aspects of the case but he failed to makeup the case so court dismisses
the review petition. Court ordered to assure implementation of Court
decision given against NRO.
Meanwhile the apex court called the Solicitor General of NAB Syed
Nasir Ali for explanation. He stated that the missing letter has been
recovered and it was in the custody of AOR Raja Abdul Ghafoor which has
been submitted into the court.
Earlier, when the court started the hearing of the petition, the
advocate on record Mehmood A Sheikh appeared before the court and said
that the counsel Babar Awan has not come to the court because of his
family reasons so court may adjourn the case till Monday.
The Court showing annoyance said that 17 judges are sitting here to
hear the case and how a counsel dared to not appear before the court
even registrar office also has rejected adjournment request yesterday.
After that court asked to the secretary ministry law and Justice
Masood Chishti to read those additional documents who were asked by the
federal counsel Babar Awan but he denied saying that he would not read
those documents because the counsel would argue the case.
In reply of this, court observed that court would give a stern order
against him and he should know the consequences of disobey the court
order. Secretry replied that he has gone to jail for several times.
On the annoyance of all judges Masood read only on letter and denied to read more documents.
On the annoyance of all judges Masood read only on letter and denied to read more documents.
After that court asked attorney general for Pakistan to assist the
court and he read the documents. It was said in those documents that
federal government of the country wrote letters to Swiss and Geneva
authorities to take the details of bank accounts of Asif Ali Zardari,
Benazir Bhutto and others.
These letters were written with the consultation of than NAB Chairman
Siafur Rehman and Attorney General Chaudhry Farooq Ahmed. They also
sought the legal assistance from those countries in cases against Asif
Ali Zardari, Benazir Bhutto and others.
The judges including Chief Justice observed that the court did not
want to read these names of dignitaries but Babar Awan created a scene,
so court allowed to read these documents but there is nothing relevant
to the review petition. The reading of these documents has not earned a
good name for the country, CJ remarked.
Attorney General said that the name of that person (Bhutto) also has
came who scarified for the nation, adding that this name should not
come.
It is worth mentioning here that the apex court declared the NRO as
null and void (void ab initio) on 16 December 2009 and federation filed
review petition on 15 January 2010.
The apex court started its hearing on 21 November and concluded on 25
November after one year and ten months. Meanwhile it is the short order
of the apex court in NRO review petition and court later on would
announce the detailed judgment. SANA