Supreme Court to take up petitions against NRO
Supreme Court to take up petitions against NRO
By Nasir Iqbal
Wednesday, 02 Dec, 2009
ISLAMABAD: After having failed to get parliamentary protection, the NRO beneficiaries are pinning their hopes on the Supreme Court which has fixed Dec 7 to begin hearing of petitions challenging the controversial law promulgated by former military ruler Gen (retd) Pervez Musharraf to grant amnesty to politicians, bureaucrats and holders of public offices involved in corruption and criminal cases.
During the proceedings, the Supreme Court will not only interpret different provisions of the Constitution relating to fundamental rights, but will also lay to rest the hotly debated controversy whether the benefit already reaped are closed and past transactions or the cases would reopen automatically at the point where these had been left; without a formal application by the prosecution.
To get assistance from the government the court has summoned Acting Attorney General Shah Khawar to appear before it on Dec 7.
The court is seized with two petitions, one moved by former PPP stalwart Dr Mubashar Hassan and the other by retired bureaucrat Roedad Khan, both stating that the NRO 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 of which Pakistan is a signatory.
On August 12, a two-judge bench comprising Justice Shakirullah Jan and Justice Raja Fayyaz Ahmad which had taken up the case of Fazl Ahmed Jat had requested the chief justice to form a larger bench to hear the petitions against the NRO since interpretation of certain provisions of statutes were involved, which had a bearing on a large number of cases.
Considering the request, Chief Justice Iftikhar Mohammad Chaudhry directed the SC office to fix all the petitions and connecting matters involving examination or interpretation of the National Reconciliation Ordinance (NRO) 2007 on Monday before a larger bench.
The composition of the larger bench is expected to be decided by Friday.
Now the beneficiaries will anxiously spend this week wondering what future holds for them when the Supreme Court will start hearing the matter.
Minister of State for Law Afzal Sindhu recently released the names of 8,041 NRO beneficiaries; of whom 34 were politicians and most of the others bureaucrats.
Of the 8,041 people, 3,478 cases (3,320 in Sindh) were registered against them on charges of corruption, financial bungling and misuse of authority.
The Supreme Court office has already issued notices to the petitioners and the respondents, besides separate notices to counsel appearing for the petitioners and respondents through the Advocate on Records.
Since some convicts and prisoners had also prayed for the benefit of the NRO, they have also been issued notices through superintendent jails concerned.
The chief justice has also ordered to club a pending review petition against a judgment in the case of Asfandyar Wali Khan.
Former President Pervez Musharraf had promulgated the NRO on October 5, 2007, to give immediate relief to late PPP leader Benazir Bhutto by giving indemnity in all cases, registered against her by the Nawaz Sharif government.
The NRO which provides amnesty to public office-holders charged in different corruption and criminal cases between 1986 and 1999 was given protection under the November 3, 2007, Provisional Constitution Order (PCO), but a 14-judge Supreme Court bench while deciding the judge’s case on July 31 held that instead of undoing different ordinances, 37 in all including the controversial NRO, the present government should be given
DAWN.COM | Pakistan | Supreme Court to take up petitions against NRO
My Comments: I believe that the NRO will be declared unconstitutional by the Supreme Court, as otherwise every jailed person in Pakistan could start claiming that they should also receive the same relief as the politicians.