SC releases detailed ruling in NRO case
SC releases detailed ruling in NRO case
The Supreme Court of Pakistan on Tuesday released the detailed judgment in the National Reconciliation Ordinance case.
The 287-page detailed ruling was penned by the Chief Justice Iftikhar Muhammad Chaudhry.
The judgment was signed by Justice Khalil Ramday on Jan 12 before his retirement.
Citing the example of Filipino dictator Ferdinand Marcos, the ruling said that the Philippine government had also brought the looted money by the dictator back to the country from Switzerland, which could be taken as a reference.
According to sources, the Supreme Court declared the NRO null and void, and contrary to the Constitution of Pakistan. It has also termed the controversial ordinance in contrast to the national interest and violates the several clauses of the Constitution.
It may be reminded here that the Supreme Court (SC) in its short judgment on Dec 16, 2009 had struck down the controversial NRO, saying it is null and void.
The court has said that the NRO ensured legal cover to corruption by the privileged class
In its landmark and the expected judgment, a 17-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry had declared the NRO an instrument void ab initio, being ultra vires and violative of various constitutional provisions including Articles 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution.
Former federal minister Dr Mubashar Hassan, former bureaucrat Roedad Khan, Qazi Hussain Ahmed and Chief Minister Punjab Mian Shahbaz Sharif had challenged the NRO before the Supreme Court in 2007.
“All steps taken, actions suffered, and all orders passed by whatever authority, any orders passed by the courts of law including the orders of discharge and acquittals recorded in favour of the accused persons, are also declared never to have existed in the eyes of law and resultantly of no legal effect,” the court had ruled in its short order read out by Chief Justice Iftikhar Muhammad Chaudhry.
The larger bench of the apex court ruled that all cases in which the accused persons were either discharged or acquitted under Section 2 of the NRO or where proceedings pending against the holders of public office had got terminated in view of Section 7 thereof, a list of which cases has been furnished to this Court and any other such cases/proceedings which may not have been brought to the notice of this Court, shall stand revived and relegated to the status of pre-5th of October, 2007 position.
The Court had also directed the concerned courts including the trial, the appellate and the review courts to summon the persons accused in such cases and then to proceed in the respective matters in accordance with law from the stage from where such proceedings had been brought to an end in pursuance of the above provisions of the NRO.
The 17-member bench comprised of Chief Justice Iftikhar Muhammad Chaudhry Justice, Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassadduq Hussain Jillani, Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice S Khawja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Rahmat Husain Jafferi, Justice Tariq Parvez and Justice Ghulam Rabbani.
It would be a disasster if SC entertains any petition regarding the elegibility of president. SC should reject any plea in that insatance and clearly states article 248 and if anyone wants change they should go to parliment.
President has full immunity and no court in land can take that away, if anyone wants change that they should contact parliment.
How on earth can Zardari stay in office if the process of his election was flawed. The eligibility contest was impeded by NRO. Now that Status-quo-ante has been restored any benefit derived from NRO is null and void and therefore an opportunity for challenging Zardari’s eligibility exists except in the minds of legal newbie(read naive) or dishonest minds.
@taukeer
lets say u challenge his elegibility, which court can summon him or can ask govt to represent him under articl 248? That ship has sailed and the only way for court to hear is to 1st declare article 248 illegal. Which no court can do as they dun have power, its an article of constitution which SC can interpretate but not amend, as it stands article is clear so no interpretation is required. Beside the legalities, the political ramifications are just beyond catatstrophic. Food for thoughts
Ary News: PPP to face pen-pricks, asserts Zardari
Voh Dekho Ullo bola. Is CJ ko kahoo STFU and do ur job. Ur verdict should speak instead of u. DO ur fucking job and stop giving bhashan. If u have such high desire 4 addresses then resign and join politics, at watever cost is good sentiment, how abt start delivering on shit where it matters most. How abt direct Police to start a case against mushy for extrajudicial murder, missing person or freaking order the missing person cases.
A testing time for the judiciary: Justice Iftikhar
Man get some f****** fresh air.
Dude tell ur CJ to STFU, which country’s SC has such verbal diarrehea problem. Why dun he stop addressing bar councils and do some justice, speak through his verdicts.
Thank u Mr. PM. I Guess AA was able to knock some sense into them.
The News: PM orders quick implementation of SC verdict on NRO”
Prime Minister Syed Yusuf Raza Gilani Friday issued a directive for immediate implementation of the Supreme Court’s verdict on the National Reconciliation Ordinance (NRO).
Talking to media in Lahore, the Prime Minister said the government respects the decision of the Supreme Court and that order has been issued for putting in effect the SC verdict on NRO on fast track basis.
“The government has always honoured the decision of the Supreme Court,” he reiterated, adding, “We have not come into power through any back door but with public mandate.”
He said the present democratic set up is not facing any threat.
Replying a question, the Premier said that the President enjoys immunity under the Constitution.
He said all the political parties will be taken along.
To another question, Prime Minister Yusuf Raza Gilani said Aitzaz Ahsan is a significant leader of Pakistan People’s Party and that he is often consulted on legal matters. He will also be consulted on NRO.
He expressed confidence that the matter of judges’ appointments will be resolved under the Constitution and law.