Petitions against NRO hearing on December 7: Supreme Court larger bench formed

[Naveed Yaseen]

ISLAMABAD (December 02 2009): Chief Justice Iftikhar Muhammad Chaudhry on Tuesday constituted a larger bench to hear on December 7 all petitions and related matters involving examination/interpretation of the National Reconciliation Ordinance (NRO) 2007. The NRO is among the 37 ordinances about which the apex court, in its July 31 decision, had issued decree that their fate be decided by Parliament within 120 days.

However, on November 2, the government decided not to present the controversial NRO bill before the parliament, and the ordinance lapsed on November 28. Earlier, on August 12, an apex court bench comprising Justice Mian Shakirullh Jan and Justice Raja Fayyaz Ahemd had suggested the CJ for constitution of a larger bench.

While hearing Civil Petition No 142-K/2009 (now C.A. No 1094/2009 titled as Fazl Ahmed Jat VS NAB), the bench had noted that "... In order to consider the aforesaid question, leave to appeal is granted. Since the interpretations of certain provisions of statutes are involved in the case having bearing on a large number of cases, this case be placed before Chief Justice of Pakistan for consideration and constitution of larger bench and fixation of the appeal at an early date."

The matter was placed before the Chief Justice who ordered to put up the cases on the same subject pending for decision. After preparation of the list by the office, the CJ order for fixation of the cases. The court has ordered to issue notices to petitioner and the respondents for the above date of hearing. Separate notices be also issued to the learned counsel appearing for the petitioner as well as respondents through AORs, said a statement issued by the SC.

The statement further says that some other petitions including the Review Petitions, arising out of the judgement in the case of Khan Asfandyar Wali VS Federation of Pakistan. (PLD 2001 SC 607) are pending; therefore, those petitions be also fixed along with these petitions. Office has reported that some of the convict/prisoners have also prayed for benefit of the NRO, therefore, notices be also issued to such prisoners through concerned Superintendents, Jails.

As in the above-cited provisions of the Constitution are likely to be interpreted by the Bench; therefore, notice to the Attorney General of Pakistan in accordance with Order XXVII-A CPC be also issued. The controversial NRO was promulgated by Pervez Musharraf on October 5, 2007, to give clean chit from the courts to politicians/bureaucrats against whom cases were registered between January 1, 1986 and October 12, 1999. However, soon after the promulgation, the ordinance was challenged in the Supreme Court by Dr Mubashir Hassan, founding-member of PPP, and a former bureaucrat Roedad Khan.

The petitioners had adopted the stance that NRO violate article 25 of the constitution, which guaranteed equality for everyone in the eyes of law. In addition, NRO granted 'immediate legislative acquittal' to public-office holders in a discriminatory manner.

The petitioners said that NRO had negated Articles 62 and 63 of the constitution, which disallowed any holder of public office, who were found guilty of corruption or misuse of power, to contest parliamentary elections. On November 23, Roedad Khan also filed an application seeking early hearing of the petition that had challenged NRO.

The government recently issued a list of 8041 people having the names of prominent political figures and bureaucrats including President Asif Ali Zardari, sitting ministers like Federal Interior Minister Rehman Malik, Defence Minister Chaudhry Ahmed Mukhtar, Salman Farooqi, Hussain Haqqani and many others who were the major beneficiaries of the NRO.

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