PKonweb Monitor
A full bench (17-members) of the Supreme Court continued for the second day Tuesday to discuss the constitutionality of the infamous Ordnance ‘NRO’ under which many influential politicians and personalities were exonerated by Musharraf’s government so they could participate in the February 2008 elections.
The state withdrew cases against these individuals. In some instances, charges were dropped. Thereafter, several influential personalities came back from their self-exiles abroad and contested the polls. Many are in positions of authority now. Many of such individuals have been elected as MNAs, MPAs, Senators also.
While the charges against most of them remain yet to be proven beyond reasonable doubt or contested in the court of law by the accused, these individuals remain in their positions of authority for absence of or lack of clear administrative rules prohibiting such people, who are under investigation or have charges pending against them, to hold public offices.
Democratic countries do follow such practices. In fact, they have such laws including conflict of interest laws, ethics law, etc. Neighboring India has unwritten law governing such matters. They step down or resign.
Critics and observers opine that, absence moral authority, such individuals who are under investigation or may be investigated, should step down and go through the due process of law specially since the Judiciary in Pakistan now are to a great extent free and independent now.
Hearing the petitions against NRO for the second day today, Chief Justice Iftikhar Muhammad Chaudhary remarked that dropping cases against accused didn’t mean complete pardon.
CJ remarked that NRO was manipulated to benefit the accused and beneficiaries were given a clean-chit. “The accused were declared innocent so that they could contest elections but dropping cases didn’t mean they were pardoned completely,” CJ observed.
The Supreme Court can monitor other courts as well in addition to NAB courts, he added.
Justice Khalil-ur-Rehman Ramday remarked that judges were guardians of people’s rights. “If somebody’s son is a murderer, the rights of his relatives cannot be abolished,” Ramday maintained.
Chief Justice Iftikhar Muhammad Chaudhry on Monday, the first day of apex court’s full-bench hearing on NRO termed the said Ordnance as a law paving way for reconciliation with corruption.
Justice Jawwad S Khawaja termed NRO as a law that protected looters, plunderers, robbers, dacoits, black sheep, corrupt, murderers and dishonest persons in the state where over 70 percent people lived their lives under extreme poverty.
Justice Ramday termed most of the said Ordinance’s clauses non-Islamic, explaining that murder and rape convicts can never be exonerated under any law. “Therefore, it can by no means be compared to historic Hudaibiya Agreement,” he explained.
A 17-member (full) bench of the Supreme Court headed by Chief Justice heard for the second day today the NRO-related petitions which sought that NRO of 2007 should be declared null ab initio on the touch stone of Article 2-A 4589 and 25 of the 1973 Constitution.
As was directed by the Chief Justice on Monday, the government today produced a list of 248 NRO beneficiaries in the Supreme Court. Apart from President Zardari, the list also features the names of Pakistan’s Ambassador to US Hussain Haqqani, Sindh Minister for Local Govts Agha Siraj Ahmad Durrani and former NWFP Chief Minister Aftab Ahmed Khan Sherpao
Appeals of some convicts and prisoners who had prayed for the benefit of the NRO, namely Sahukat Ali, Doraiz, Zulqurnain Shahzad and Abid Hussain, have also been fixed for hearing by the larger bench already examining the constitutionality of the infamous Ordnance.
The petitions challenged the NRO on the grounds that it violates the fundamental rights of the people, especially Article 25 (equality of citizens), is against political justice and also contravenes the United Nations Convention against corruption to which Pakistan is a signatory.
Chief Justice directed Chairman NAB to name all the (8041) NRO beneficiaries, who were involved in heinous crimes and later got amnesty under sanction 2 of this infamous ordinance.
The SC also directed acting Attorney General Shah Khawar to present the Prime Minister’s statement on this issue and details of NRO proceedings in Parliament and Standing Committee sessions before the court here on Monday.
The Chief Justice also advised the media not to discuss the matter with regard to NRO in television programs until the case was disposed off. However, he said media could report the proceedings openly.
During the course of Monday’s proceedings the court restored the dismissed plea of Qazi Hussain Ahmed (Ex-Ameer Jamaat Islami) and clubbed it with other NRO pleas.
Besides the main case, the court has also clubbed constitutional petitions of ANP Chief Asfandyar Wali Khan and PML-Q leader Anwar Saifullah Khan.
