Implement NRO verdict by 10th or face action
Iftikhar A. Khan
ISLAMABAD: The Supreme Court warned the government on Tuesday of action against the institutions concerned if its verdict on the National Reconciliation Ordinance issued in December 2009 was not implemented in a week – by Jan 10.
The court had declared the NRO void and dismissed a subsequent review petition filed by the federation.
The apex court’s warning may have serious implications for the government because the implementation of the verdict will require it to write a letter to Swiss authorities to reopen cases against President Asif Ali Zardari.
A five-judge bench headed by Justice Asif Saeed Khosa expressed displeasure over non-implementation of the court’s judgment and said it would not issue another order for its implementation; rather it would take action against those responsible, irrespective of their office or authority, for non-compliance.
When asked if the government had written a letter to Swiss authorities for reopening cases against President Asif Zardari after the dismissal of the review petition, Attorney General Maulvi Anwarul Haq informed the court that it could not be done because of the pending review petition.
But Justice Asif Saeed Khan Khosa said the court had not granted any stay on implementation of the NRO verdict during the hearing of the review petition. He said enough time had lapsed since the rejection of the review plea, but the letter had not been sent to the Swiss authorities.
The attorney general said this question could be answered by the law secretary who was currently abroad.
Justice Khosa pointed out that during the last hearing the court had asked the prime minister to dispatch a new summary to the Swiss authorities because the previous one comprised the government’s standpoint on the matter. He said the law secretary, who had sought more time for the new summary, did not turn up although a notice had been issued to him.
A 17-member larger bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, had on Dec 16, 2009, declared the NRO 2007 unconstitutional. The government’s review petition was dismissed on Nov 25, 2011, and the court directed the authorities concerned to comply with the 2009 order in letter and spirit without any delay.
The NRO promulgated by former president Pervez Musharraf granted amnesty to politicians, political workers and bureaucrats accused of committing corruption, embezzlement, money-laundering, murder and terrorism between Jan 1, 1986, and Oct 12, 1999.
The court had declared that the NRO was against the interest of the country and held that all beneficiaries of the now defunct NRO would have to face trial.
The cases revived after abrogation of the NRO included accountability and money-laundering cases against President Zardari.
During the proceedings on Tuesday, the court asked NAB’s Prosecutor General K.K. Agha if the bureau would investigate the appointment of a matriculate, Adnan Khawaja, as head of the Oil and Gas Development Company (OGDCL), Mr Agha said NAB investigated cases involving misuse of official authority and the case of a flawed appointment did not fall within its purview.
“Is appointing a matriculate as head of the OGDCL not misuse of authority?” Justice Khosa asked. He said NAB’s silence over the misuse of official authority was a criminal negligence.
At the last hearing, the court was informed that Adnan Khawaja had been appointed on verbal orders of Prime Minister Yousuf Raza Gilani.
The court ordered NAB to investigate the appointment and asked its chairman to personally appear at the next hearing along with the record and explain the appointment of Adnan Khawaja and Ahmad Riaz Sheikh, a convict and beneficiary of the NRO reappointed as Additional Director General of the FIA.
The court said Riaz Sheikh was a convicted person and an inquiry into his reappointment was required. The court also summoned the acting law secretary who had prepared a summary for Riaz Sheikh’s reappointment.
Source: DAWN
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