Supreme Court turns down NRO review petition

ISLAMABAD, Supreme Court Friday rejected a government petition seeking a review of its order that struck down a controversial graft amnesty for politicians, called (NRO), saying the documents presented “do not belong to the case”.

On December 16, 2009, the Supreme Court had struck down the NRO. Government filed a petition to review the NRO ruling on January 15, setting the stage for possible reopening of corruption cases against top leaders including President Asif Ali Zardari.

A 17-judge bench of the apex court headed by Chief Justice Iftikhar Chaudhry dismissed the government’s petition which had sought a review of its December 2009 ruling declaring as unconstitutional the National Reconciliation Ordinance (NRO) passed by former President Pervez Musharraf granting amnesty to politicians accused of corruption.

The bench said in a short order that it was of the considered view that no case was made out for a review. The court directed authorities to comply with its earlier detailed order on the issue in letter and spirit without any delay. It had heard the case for five days before dismissing the government’s petition.

Former Law Minister Babar Awan, did not appear in the Supreme Court as the government’s counsel despite court order.

Then the court said these documents have nothing to do with the case and rejected the review petition in short order.

Voicing disapproval of Awan’s absence from the courtroom, Chief Justice of Pakistan (CJP) Iftikhar Muhammed Chaudhry said, “It was the Federation that first voiced desire to submit the documents; hence, it is quite strange that its counsel Babar Awan did not turn up today.”

Advocate on record Mehmood A Sheikh requested the adjournment of the case but the worthy court denied it. The court asked the Secretary Law Masood A Chishti to come to the rostrum, and directed him to present the documents.

The Law Secretary requested the court to allow Babar Awan to read the documents, but the court rejected the plea, saying either read the documents or be ready to go to jail.

Masood Chishti read the additional documents which said during the Nawaz Sharif period there was a correspondence between the law ministry, Ehtasab Bureau and Swiss officials regarding Zardari’s money laundering case.

Former attorney General Chaudhry Farooq wrote a letter to Swiss officials to freeze Asif Zardari’s accounts.

During Thursday’s hearing, Awan had presented documents to bench to show how the verdict had hurt the federation, but the court made it clear that additional documents cannot be accepted in a review appeal case.

Although the bench did not officially accept the documents, it agreed to finally hear his arguments on Friday.

The verdict was delivered after through contemplation over all the aspects of the case, the court said.

Hearing names of President Asif Ali Zardari and Zulfikar Ali Bhutto in one of letters, Justice Asif Khosa said the court did not want these names be taken at the court; but, Babar Awan Thursday spawned such an atmosphere that these names were spelled out in front of everyone.

Babar Awan continued his arguments from November 21 to 24.
The NRO was issued by former President of Pakistan, General Pervez Musharraf in 2007.

It granted amnesty to politicians, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering, murder, and terrorism. It was declared unconstitutional by the Supreme Court in 2009, throwing the country into a political crisis.