NRO case: SC says PM violated his oath
Geo: NRO case: SC says PM violated his oath
ISLAMABAD: A five member bench of the Supreme Court has decided to refer the six options relating to the NRO implementation case to the Chief Justice for constitution of a larger bench for hearing of these options.
Announcing the verdict on NRO implementation case‚ the bench headed by Justice Asif Saeed Khosa said the six options are being handed over to the Attorney General.
01: To initiate the contempt of court proceedings against the Chief Executive and the Secretary Law for not implementing the NRO verdict.
02: To declare the chief executive ineligible from the membership of the Parliament.
03: The court may form a commission to get the verdict implemented.
04: The people themselves decide on the issue and the court exhibit patience.
05: Contempt proceedings against Chairman Nab may be initiated.
06: The action may be taken against President for violating the Constitution.
The Supreme Court said in its order in NRO implementation case that the government has failed to implement the verdict.
‘The government is not taking interest to observe the order for the last two years. We knew that the actions we are about to take they may be unpleasant.’
‘The court has taken oath to defend the Constitution. The prime minister respected the party over the Constitution.’
‘The president in an interview to Geo News said his government would not implement one part of NRO verdict.’
As per Article 189 and 190 all institutions are bound to help the apex court, the order said.
‘Prima Facie the prime minister is not an honest man and violated his oath.’
The court recommended the case to the chief justice to form a larger bench to hear the case on January 16.
A Five-member bench of Supreme Court (SC) headed by Justice Asif Saeed Khosa resumed the hearing of the case pertaining to the implementation of National Reconciliation Ordinance (NRO) verdict today.
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No excuse for PML -N, MQM, ANP, JI and JUI among others for sitting in parliment now, PM must resign or resign from assemblies and force an election.
wat a lousy opposition we have PML – N once again disappointing Babar awan bhooking on media and not a single PML – N person demanding PM resignation, IK needs to learn the damn politics.
Dawn: Zardari calls emergency PPP core committee meeting
ISLAMABAD: President Asif Ali Zardari on Tuesday called an emergency meeting of the Pakistan People’s Party’s (PPP) core committee at the Presidency in Islamabad, DawnNews reported.
@afzaal khan
I agree IK need to learn politics.
He needs to learn whats pressing time and whats pressing issue and how to press it.
None of the politicians know how to encash today’s judgement.
Its because they all waiting to hear what COAS has decided, u do know he is having his own meeting so wait till he comes out and then watch IK and others LOL
This is good summation by Dawn:
Dawn: Confrontation delayed
ISLAMABAD: The short order that came on Tuesday afternoon was expected to cause fireworks but in reality it simply delayed a confrontation till next week. The curtain that was predicted to fall on the Pakistan People’s Party (PPP) government did not move.
The Supreme Court was the focus of attention all morning as people waited with bated breath for the judgment of a five-judge bench on the NRO implementation case.
Lawyers, government officials and journalists crowded the building on Constitution Avenue though it was not Courtroom One (where the chief justice usually presides in) they all made a beeline for. Instead they all headed for the bench presided over by Justice Asif Saeed Khosa.
But the order, when it came, simply passed the buck to a larger bench it suggested be set up to hear the case next week.
However, this did not stop observers and journalists from going into a tizzy and predicting yet another conflagration between the government and the judiciary.
Unprecedented in its tone and form, the order provided no judgment; instead it laid out six options in front of the court of which one could possibly be a part of the final judgment.
It referred the matter back to Chief Justice Iftikhar Muhammad Chaudhry, suggesting that a larger bench hear the matter on January 16.
Apart from that, it is noteworthy that the language of the order is hard hitting and it takes to task the prime minister in particular. `In such a case of a brazen and blatant failure or refusal of the federal government to obey the buck stops at the office of the chief executive of the federation i.e. the prime minister, Justice Asif Saeed Khosa said while reading out the judgment.
Justice Khosa asked Attorney General Maulvi Anwarul Haq to get instructions from the government before arguing why the court should not exercise any of the six options.
Disqualification on the basis of Article 62: In the first option, the order said, the apparent persistent, obstinate and contumacious resistance or refusal of the chief executive to obey and carry out the court`s directions reflected, on the face of it, that he (prime minister) may not be an `honest` person as he was not honest to the oath of his office.
It then went on to warn that the court had the option of handing down a declaration in terms of Article 62(1 f) of the Constitution that could affect prime minister`s qualification to be a member of parliament.
It then, in a less cursory manner, pointed out that the behaviour of the PPP co chairperson (President Asif Ali Zardari) and the law minister could also fall in the same category.
It criticised the ruling officials for making it clear that their loyalty to their party outweighed their loyalty to the state and their `inviolable obligation` to obey the Constitution.
Disqualification on the basis of committing contempt of court: Option two outlined the possibility of initiating contempt proceedings against the prime minister, the law minister and the secretary law for persistently resisting implementing the directions in the NRO judgment.
Once again the order pointed out that this could once again lead to disqualification from being elected or chosen as member of parliament.
Formation of a commission: The third option suggested the appointment of a commission under Article 187 of the Constitution and Rules 1 and 2 of Order 32 of the Supreme Court Rules 1980 to execute relevant parts of the NRO judgment.
Opportunity to hear affected people: The fourth was not an alternative ruling, but instead it said that the opportunity could be provided to any affected person to be heard before exercise of any of these options. As this option referred to the president`s immunity, it could be interpreted as an opportunity for the court to discuss the legal aspects of the immunity enjoyed by the president.
Removal of NAB chairman: In option five, the order trained its guns on the NAB chairman who was censured for his alleged failure to attend to the appointment of Adnan Khawaja as Managing Director of the Oil and Gas Development Company Ltd (OGDCL) in disregard of merit and the promotion of Ahmed Riaz Sheikh as Additional Director of the Federal Investigation Authority at a time when both of them were convicted.
It also castigated him for not initiating any action against former attorney general MalikMohammad Qayyum.
The order pointed out that the chairman`s inaction, on the face of it, amounted to misconduct that could lead to him being removed.
Let the people decide:The last option focused on the court exercising judicial restraint and leaving the matter to the better judgment of the people of the country or their representatives in parliament. In this option the court conceded that the constitutional balance was delicately poised and insistence on the implementation of the judicial verdict and thereby running the risk of bringing down the constitutional structure the court could exercise restraint, the verdict said.
The ruling drew a mixed reaction from legal experts as the country was forced to another bout of endless debates on a possible con-frontation between the government and the judiciary in which the supporters of both institutions thundered against the other. However, all it revealed was the political polarisation present instead of a nuanced debate on the legal positions of either.
Barrister Zafarullah of the PML-N said the court had shown judicial restraint.
`The court has provided a last opportunity to the government to act because defiance on part of it against the Supreme Court order would lead to chaos in the country, he said. However, Roedad Khan, one of the petitioners against the controversial NRO, openly expressed disappointment over the order and questioned why the court was not punishing the delinquents. He regretted that the court had shifted the entire responsibility to the larger bench, despite the fact that it was being maligned and it was being held in contempt by the government.
However, the PPP stuck to a defiant note with the statement of former law minister Dr Babar Awan: `Who is popular and who is not is a question that rests with the people of Pakistan.` He pointed out that President Asif Ali Zardari and former prime ministers Benazir Bhutto and Zulfikar Ali Bhutto had been elected by the people of Pakistan.
Tribune: Allegations by Gilani against COAS, DG ISI very serious: ISPR
In a deepening civil-military divide, Inter-Services Public Relations (ISPR) has taken notice of Prime Minister Yousaf Raza Gilani’s interview to a Chinese newspaper in which he said that the army chief and DG ISI gave statements to the Supreme Court without the government’s approval.
A statement released on the ISPR website on Wednesday said that the allegations leveled against Chief of Army Staff General (COAS) Ashfaq Pervez Kayani and Director General Inter-Services Intelligence (ISI) Ahmed Shuja Pasha were very serious and had “very serious ramifications with potentially grievous consequences for the country”.
It stated that Gilani gave the interview to The People’s Daily Online at the time when Kayani was also on an official visit to China.
“The Honourable Prime Minister inter alia termed the responses given by COAS and DG ISI in the alleged Memo Case to the Honourable Supreme Court of Pakistan as unconstitutional and illegal.” However, it added, that Gilani’s statement did not take into account the fact that the COAS and the DG ISI were cited as respondents in the Memogate scandal by the Supreme Court and were served notices directly.
It also highlighted that in an earlier meeting between the prime minister and Kayani, the PM had publicly stated that the replies submitted by the respondents were “in response to the notice of the Court through proper channel and in accordance with the rules of business” and no objection was raised at that time.
The statement said: “COAS and DG ISI in their response to the Honourable Supreme Court were obliged to state facts as known to them, on the Memo Issue. The issue of jurisdiction and maintainability of the Petitions was between the Honourable Supreme Court and the Federation.”
Tribune: Gilani removes Lodhi from Defence Secretary post
Can this guy shut up 4 a day why don’t u resign Mr. PM. If u have balls than sack or atleast issue showcause notice to Kiyani and pasha. What a freaking retard
Geo:COAS talked to me before ISPR reaction: PM
ISLAMABAD: Prime Minister Yusuf Raza Gilani on Wednesday said the Army Chief General Ashfaq Parvez Kayani talked to him on the phone before the issuance of military reaction by ISPR, Geo News reported.
“We have always stood by the army and we have nothing against anyone,” the Prime Minister said while talking to media here.
As regards his statement during an interview to a Chinese newspaper on the replies submitted by the Army Chief and DG ISI in memogate case, the Prime Minister said under the rules of business the replies should have been sent through the Ministry of Defence to the Ministry of Law and Justice and then to the Attorney General of Pakistan.
“They did not write to the Defence Ministry and bypassed the Ministry of Law and Justice and sent only a copy to the Attorney General. They sent the replies straight to the Registrar.”
The Prime Minister said his interview in China was pre-scheduled and when the interview was done General Kayani had landed in Pakistan.
He said democracy would continue to function in the country and the Senate elections would be held on time.
The Prime Minister said under a trichotomy of powers there should be a balance between the institutions in the country.
He said: ‘The game currently being played was aimed at stopping the Senate polls from taking place’.
Maulana Fazul-Rehman Press conf.
Raja Pervaiz Ashraf and Khursheed Shah Press Conf.
Executive wetting its pants in madness…..on NRO and other crimes…Nay
Method behind this madness needs dot connecting.
Zardari and Gilani pants were never wet unless Memo pop up with full force.
I am sure that not only in the history of Pakistan but history of mankind…..none got so panick and scared as they did just fearing the investigation and truth finding.
Their fear giving in their so far arrogant confidence against all the crimes they commit but confidant of their official and political position that none can touch them and they are above the law.
First time they are cornered and in real sense about to face the justice and the crime is far more serious than NRO, Swiss Acct.,Plundering of Railways, PIA, Steel Mill, Huj Scandal, OGDC,NICL etc etc.
Memogate is high treason crime and they are sure judicial Commission with the help of DG ISI and Mansoor Ijaz about to expose their high treason crime.
Under no circumstances they would let the Commission conclude their findings…that is subject to article 6…and first time SC would be redfining procedural impasse on article 6.
If Govt itself is suspect of high treason…who can invoke article 6.
Martyrdom on account of NRO is much easy and give them a chance to say…agencies and SC were after them….so now any findings on Memo Scandal could easily be scandalized as bias findings and methodic murder of PPP.
Those who thinks PPP taking all the stupid confrontations just out of shear madness, are naive.
Remember criminal mind is far more sharper than normal mind specially when cornered.
Most dumbass politician in Pak —> Imran Khan get ur head our of ur ass u retard.
Tribune: PTI will contact all but PML-N: Imran Khan
LAHORE: Pakistan Tehreek-i-Insaf (PTI) chairman Imran Khan ruled out the possibility of making an alliance with the Pakistan Muslim League – Nawaz (PML-N), while speaking to the media in Lahore on Thursday.
Bashing the PML-N, Khan said that it was the N-league which had supported the current government and is a part of the system which it talks about changing.
“We will not join the PML-N… We will contact all other parties,” he said while adding that the PML-N is responsible for the government still being in power.
When the Supreme Court was going to take action against the government on the NRO issue, we called for elections, but Nawaz Sharif said that he wanted to save the system, Khan added.
“If the PML-N is serious about their stance, then why is it not resigning from the assemblies?” he questioned.
He added that the National Reconciliation Ordinance (NRO) issue has shaken up the political situation of the country and the “political mafia is attacking the judiciary to cover up their theft”.
The party chief announced that his party will hold a central executive meeting on January 14 to gather the likeminded people who are willing to back the judiciary in case it is attacked. “The Supreme Court is the only institution which has kept our country safe, otherwise, the NRO beneficiaries would have sold off the country by now.”
“Nawaz had said to [President Asif Ali] Zardari that even if the PPP [Pakistan Peoples Party] leaves you, we will be standing with you.” But, he said, that his party is standing up to democracy and the Constitution of the country and “will not back any military takeover”.
He added that the only democratic solution to the problems of the country is free and fair elections. Around 45% of the electoral rolls in 2008 elections were fake, hence new electoral rolls should be made for fair elections to get out of the current mess, Khan said.
“The nation can see that the government is trying to become a martyr, but a martyr is one who dies for a noble cause… If they make a sacrifice for the sake of their bank accounts, then the whole nation will distribute sweets on the roads for their ‘martyrdom’,” the party chief said.
Commenting on the current government-military rift, Khan said that government should only listen to the Supreme Court as it has run out of time for an APC (All Parties Committee) meeting.
Lol! U become PMLN spokesman! I can tell you he has annoyed a lot of potential supporters. Looks like Mush Earthquake will be here soon!
Mush cant do jack, all internet supporters and so called liberals cant win election 4 him. PML – N is dying to have mushy in and possible alliance of his with PPP that would mean PML – N majority.
U know man I dun belong to any party, If i could i would have voted for IK, but politics gotta be practiced. Pakistanis are so turned off politics that they willing to cut their own nose off to spite face. But without politics no body can do nething and that is one problem IK has he gotta learn politics.
I am very disappointed with IK. He just wants to displace NS and that is all he cares about.