Govt wants delay in hearing of NRO case
14 January, 2012
ISLAMABAD: The federal government on Friday moved an application in the Supreme Court for the adjournment of the case regarding non-implementation of the court's December 16, 2009 order on the National Reconciliation Ordinance (NRO), which is being heard on January 16. A senior government official revealed to our sources that the Law Ministry had moved an application in the apex court; seeking adjournment of the NRO case as the law secretary was abroad for medical reasons. He said that the law ministry had not mentioned the specific date of the law secretary's return in the application; therefore, the government wanted the adjournment of the case for indefinite period. Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has already formed a seven-member larger bench headed by Justice Nasirul Mulk to hear the case regarding non-implementation of court's December 16, 2009, order in the NRO case on Monday. The court had also directed the attorney general of Pakistan, the law secretary and the NAB chairman and prosecutor general to appear before the bench on January 16. The sources said that the government wanted to delay the hearing of the NRO case; therefore, it would use different tactics for the adjournment of the case. They also said that the government wanted that the court should hear the case after passing the resolution in parliament in favour of the government as the session of the National Assembly would resume on Monday evening. On the other hand, Attorney General of Pakistan Maulvi Anwarul Haq on Thursday submitted an application before the CJP about the adjustment of the NRO implementation case as judicial commission was hearing on the memo case, fixed on January 16. However, the CJP rejected the AGP plea, stating: "Both the matters are very important and have already been fixed by the commission and this court, therefore, any order passed for adjustment would likely to cause delay in the respective proceedings." There are chances that the court might also reject the law ministry's plea to adjourn the hearing of the NRO case. The court in its January 10 order had warned that it could disqualify both the president and the prime minister for disobeying its orders. Giving six options, the court had questioned why any of those options should not be exercised against it. Under the first option, the court may hand down a declaration in terms of Article 62(1f) of the constitution that could affect prime minister's qualification to be a member of parliament. PPP co-chairperson (President Asif Ali Zardari) and the law minister also fall in the same category. Under the second option, the court could initiate contempt proceedings against the prime minister, the law minister and the secretary law for persistently resisting implementing the directions in the NRO judgement. This could also lead to disqualification from being elected or chosen as the member of parliament. Under the third option, the court may appoint 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 judgement. According to fourth option, the court may provide an opportunity 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. End.
|
