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Saturday, September 25, 2010

SC warns govt against defying NRO verdict

* CJP says PM must know consequences of non-implementation of verdict
* Says court has to take ‘some decision’ if its judgment on NRO not implemented
* Directs NAB to present list of NRO beneficiaries

By Masood Rehman

ISLAMABAD: A three-member Supreme Court bench on Friday warned the government that if its (SC) verdict annulling the National Reconciliation Ordinance (NRO) was not implemented in letter and spirit, it would have to take “some decision”.

The bench consisting of Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Parvez and Justice Ghulam Rabbani was hearing a suo motu notice initiated to examine the implementation of the NRO verdict.

During the hearing, the CJ said, “If you start deviating from the constitution and the apex court’s judgments, then you are not doing good.”

He observed that the SC’s December 16, 2009 verdict declaring the NRO as ultra vires to certain provisions of the constitution was intact and must be implemented in letter and spirit. The court noted that the government should know the consequences for non-compliance of the NRO verdict. “This is the judgment under the constitution, hence certain things are required to be done in letter and spirit,” the CJ observed.

Law Secretary Masood Chishti did not appear before the court despite a notice, however, Attorney General Maulvi Anwarul Haq informed the court that the summary moved by the law secretary and duly approved by the law minister over the Swiss cases against President Asif Ali Zardari had been sent to Prime Minister Yousaf Raza Gilani, who had approved it. The court directed him to submit the contents of the summary before the bench on Monday, to which he complied.

“But kindly tell us Mr attorney general, whether the judgment on the NRO has been implemented or has the PM taken a decision to deviate from the judgment,” the CJ asked. “The PM is a wise man, he must know the consequences of non-implementation of the NRO verdict,” the CJ said, adding that if the court’s decisions were not implemented today, nobody, including police or criminals, would accept its orders tomorrow.

“If there is rule of law and constitutionalism in the country— its ok, otherwise one should know the consequences in case of non-compliance of the court’s judgments,” the CJ repeatedly observed. He asked the attorney general whether the court had to take “some decision” if its judgment on the NRO was not implemented in letter and spirit. “The day that you deviate from the constitution, it means you are telling something to someone. You know what I mean,” the CJ told the attorney general.

Earlier during the hearing, the court also inquired from National Accountability Bureau (NAB) Deputy Prosecutor General Raja Aamir Abbas and Establishment Division Secretary Ismael Qureshi about the list of the people who benefited from the NRO.

Raja assured the court that he would submit the list before the court very soon. The secretary informed the court that the Law Ministry had sent a list of NRO beneficiaries to the PM.

Justice Tariq Parvez directed the NAB deputy prosecutor general to make a chart of the NRO beneficiaries, containing their convictions, and produce it before the court in the next hearing. The court later adjourned further hearing until September 27 (Monday).

Courtesy www.dailytimes.com.pk

 

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