News
Tuesday, June 08, 2010
NRO was a valid law, govt tells SC* Federation says NRO was consensus law approved by government of the day, political parties
* NRO led to national reconciliation which benefited the country by bringing a stable, mature democracy
* Govt can’t take action against NRO beneficiaries as it was a closed chapterBy Masood Rehman
ISLAMABAD: The National Reconciliation Ordinance (NRO) was a valid law under the process laid down under Article 89 of the constitution, and “cannot be called a result of a deal between the PPP and former president Pervez Musharraf”, the government informed the Supreme Court on Monday.
In its reply submitted to the SC in a petition seeking review of the apex court’s December 16, 2009 verdict against the NRO, government’s lawyer Barrister Kamal Azfar contended that the NRO was a consensus law, which had the approval of the government of the day and the political parties, and was promulgated in national interest, rather than being a deal between two people.
Democracy: “The NRO, therefore did lead to national reconciliation which benefited the whole country by bringing a stable and mature democracy,” the reply said.
The government submitted that NRO compelled Musharraf to shed his military uniform and enabled the return of main political leaders to the country.
No action: The government’s reply added that the SC could not act against the beneficiaries of the NRO now, as it has ceased to entail any benefit whatsoever and hence, the chapter was closed. The lawyer maintained that the NRO ceased to exist on July 31, 2009 pursuance to the SC judgment in the Sindh High Court Bar Association case.
“Thus as the NRO had already ceased to exist, there was no NRO to rule upon when Dr Mubashir Hasan’s petition was heard,” the reply added. The federal government informed the Supreme Court that communication with Swiss authorities for reopening cases against President Asif Ali Zardari would be a futile exercise, saying there were no pending cases that could be legally reopened.
Azfar said the proceedings pending in Switzerland against Benazir Bhutto, Asif Ali Zardari and Begum Nusrat Bhutto were already disposed, not only because former attorney general Malik Muhammad Qayyum applied for withdrawal of the application for mutual assistance and for becoming civil party, but because the same had been closed on merit by the Swiss prosecutor general vide an order of August 25, 2008.
“It would, therefore, be an exercise in futility to now contact the Swiss authorities in respect of the proceedings, knowing well that they cannot be revived through such requests,” the government’s said.
It said there was no pending case in Switzerland, but only a criminal investigation into accusations of money laundering opened by the Swiss authorities under Swiss laws on their own initiative, not on the request of the Pakistani government.
The government contended that convictions in absentia had no place in the Pakistani law, adding that it had been a settled principle of the country’s laws since the inception of the state.
“Conviction in absentia is contrary to Article 10-A of the constitution, which provides that a person shall be entitled to a fair trial and due process,” the reply said.
Courtesy www.dailytimes.com.pk