Detailed Judgment Issued Over NRO

NRO Detailed Judgment has been issued by Supreme Court of Pakistan. Previously on 16 December 2009, SC 17 member bench headed by Chief Justice Iftikhar Chaudhary issued a short order which nullified the draconian law.

The 287 detailed judgment is written by CJP Ifikhar Chaudhary.

The judgment can be downloaded from:

http://www.supremecourt.gov.pk/web/user_files/File/NROJudgment.pdf

For once we need to go for across the board accountability without becoming a prey of illusions created by the players of National Security Card, Democracy Card, Shaheed Card, Ethnic Card, Sectarian or any other Card.

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SC issues detailed Judgment in NRO case

Source: http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=94497&Itemid=2

ISLAMABAD, Jan 19 (APP): Supreme Court of Pakistan on Tuesday issued a detailed judgement in National Reconciliation Ordinance (NRO) case.The Supreme Court issued detailed judgment in Constitution Petitions numbers 76 to 80 of 2007, Constitution Petition 59 of 2009 (on appeal from the order dated 15-01-2009 passed by High Court of Sindh at Karachi in Constitution Petition No. 355 of 2008) and HRC Nos.

14328-P to 14331-P and 15082-P of 2009 regarding the NRO.
The petitions were heard by 17-Member Larger Bench headed by Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan and consisting of other Judges namely Mr. Justice Javed Iqbal, Mr.  Justice Sardar Muhammad Raza Khan, Mr. Justice Khalil-ur-Rehman Ramday, Mr. Justice Mian Shakirullah Jan, Mr. Justice Tassadduq Hussain Jillani, Mr. Justice Nasir-ul-Mulk, Mr. Justice Raja Fayyaz Ahmed, Mr. Justice Ch. Ijaz Ahmed, Mr. Justice Muhammad Sair Ali, Mr. Justice Mahmood Akhtar Shahid Siddiqui, Mr. Justice S. Khawaja, Mr. Justice Anwar Zaheer Jamali, Mr. Justice Khilji Arif Hussain, Mr.Justice Rahmat Husain Jafferi, Mr. Justice Tariq Parvez and Mr. Justice Ghulam Rabbani.
The Judgment has been authored by the Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan. The judgment was circulated to all Judges of the Bench, signed by Mr. Justice Khalil-ur-Rehman Ramday on 12-01-2010.
It has been signed by all remaining Judges of the Bench.  The judgment has unanimously been signed by all the Judges and having signed detailed judgment the three Judges namely Mr. Justice Sardar Muhammad Raza Khan, Mr. Justice Ch. Ijaz Ahmed and Mr. Justice Jawwad S. Khwaja have also added supporting notes.

The Best Thing Army Can Do

Many people are of the opinion that army under Kiyani is different than army under Musharraf. I have doubts and disagreements over this statement.

If Kiyani is somewhat different then he needs to come out of that filthy NRO-Musharraf Protection-War against humanity deal.

According to which:
1) PPP and liberal alliance got NRO.
2) Pervaiz Musharraf got protection from article 6 proceedings.

America and Army (Kiyani represented the army) were the brokers of the deal.

The main thing which made this deal possible was the commitment of both army and PPP to fight this war against humanity and peace.

Pak Army/ISI are not fighting against USA and allied forces , they are giving them safe passage for their 95% supplies for Afghanistan(An impression is being given by establishment that operations in tribal areas are not against our tribes but are against CIA backed groups). They are giving protection to their assets in Shamsi, Tarbaila Ghazi etc .Missing persons case is still running and still the facts are not presented to courts by army/agencies.

I can say the change in their behavior is coming when:

1) They decide to come out of this war.
2) Take their support to US and allies forces back.
3) Kiyani invokes army act 1952 against Musharraf for treason.
4) Army decides to leave their forceful control over Pakistan’s economic resources especially land.
5) Generals stop building their image and focus on national security and not on ways of capturing powers and political influence.

Our Quaid had a great visionary mind and we can still learn from what he said:

“I am persuaded to say this because during my talks with one or two very high-ranking officers I discovered that they did not know the implications of the Oath taken by the troops of Pakistan. Of course, an oath is only a matter of form; what are more important are the true spirit and the heart.” – Jinnah at Staff College Quetta 14th June 1948

And what oath they take currently:
[Article 244]

“(In the name of Allah, the most Beneficent, the most Merciful.)
I, ____________, do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan which embodies the will of the people, that I will not engage myself in any political activities whatsoever and that I will honestly and faithfully serve Pakistan in the Pakistan Army (or Navy or Air Force) as required by and under the law.”

If an unlawful command is given then constitution says not to obey it and in the oath our soldiers swear in the name of Allah to uphold the constitution.

The best thing army can do is to become a national army and stop acting like an occupied force which serves the motives of imperialist powers.

Monitoring by SC going on for years–>Ansar Abbasi report in The News

Source: http://www.thenews.com.pk/top_story_detail.asp?Id=26187

By Ansar Abbasi

ISLAMABAD: The monitoring mechanism reflected in the Supreme Court’s landmark judgment for the accountability courts is well within the parameters of judicial functions of the Supreme Court and a practice that is going on for years.

However, the judgment has been grossly misinterpreted by some to show that it amounts to interference in the functions of the executive branch.

Independent sources in the Law Ministry confided to The News that all the special courts, set up in the past or are functioning right now in Pakistan, have been and are being monitored and supervised by the apex court, which adopts such monitoring mechanism to ensure that cases pending before the courts concerned do not get delayed unnecessarily.

The sources believe that those feeling uneasy with the monitoring mechanism announced in the Dec 16 judgment for the accountability courts are deliberately creating confusion to prove this judgment as a move by judiciary to interfere in the executive functions.

These sources said such elements are said to be oblivious of the fact that a similar monitoring mechanism is working in the apex court for anti-terrorist courts.

Even for high courts and the subordinate judiciary, a comprehensive monitoring mechanism is presently in place as part of the national judicial policy to ensure quick disposal of cases and to clear the backlog.

Following the government’s complaint that the terrorism cases are not timely pursued and result in increase in terrorism, the present Supreme Court under Chief Justice Iftikhar Muhammad Chaudhry had set up an effective monitoring system to keep a vigilant eye on the anti-terrorist courts so that no unnecessary delay could occur in such cases.

Under this monitoring scheme, Justice Javed Iqbal serves as a monitor for anti-terrorism courts of Sindh; Justice Khalilur Rehman Ramday oversees the ATCs in Frontier; Justice Nasirul Mulk supervises the Balochistan ATCs; and Justice Sardar Raza Khan is monitoring the performance of the Punjab ATCs.

Neither anyone had objected to this monitoring mechanism for the ATCs nor was any objection raised for such overseeing strategies adopted in the past for the special courts during the last three decades. However, the sources said a vested interest group is deliberately trying to create confusion for the monitoring mechanism evolved for the accountability courts by the Supreme Court.

In its latest judgment, which has unnerved many powerful and mighty in the government, the Supreme Court clearly said this mechanism is evolved to “monitor the progress and the proceedings in (NAB) cases”.

Since the NRO beneficiaries and their sympathisers were generally complaining that the cases terminated under the condemned NRO remained undecided for over 10 years, this mechanism was evolved to address these complaints and ensure the NAB accused get quick justice.

The NAB has been condemned by the NRO beneficiaries while the Supreme Court also found its incumbent chairman, the prosecutor general and the deputy prosecutor general incompetent. Therefore, the apex court judgment directed the Bureau to transmit periodical reports of the actions taken by them with regard to NAB cases to the Monitoring Cell of the apex court set up following the same order.

Interestingly, similar directions were given to all the provincial governments under the national judicial policy to ensure that the challans in criminal cases, pending before the lower or superior judiciary, are submitted by prosecution within the stipulated time period to avoid unnecessary delays in dispensing justice.

NRO Trashed By Supreme Court

In a remarkable judgment by 17 member bench headed by Iftikhar Chaudhary, Supreme Court of Pakistan has declared NRO as unconstitutional from the day of issuance.

As a result of this judgment all the cases closed by NRO are reinstated on the positions of 5th October, the day General (R) Musharraf issued the order of National Reconciliation Ordnance (NRO).

According to the judgment of SC 17 member bench the NRO is contrary to the equality of all citizens in front of the law guaranteed by the 1973 Constitution of Pakistan.

The historic judgment also says:

1) All the High Courts will make sure that cases reopened by this judgment get a fair trial, proper investigation and proper legal procedure.

2) Government is responsible to pursue the cases in Swiss court against Asif Ali Zardari and team.

3) NAB Chairman, Prosecutor General and Deputy Prosecutor General to be sacked and replaced by some other persons.

4) Government needs to take action against former Attorney General, Justice (R) Malik Qayum for writing unauthorized letter to Swiss court to withdraw cases against Asif Zardari.

During the proceedings Chief Justice also made clear that even parliament has no right to change the basic structure of the constitution.

The court has also shown displeasure on Acting Attorney General Shah Khawar and said he hide the truth.

The judgment is welcomed by a majority of legal community and civil society considering it another milestone towards to goal of real independent judiciary and rule of law.

Why Zardari needs no enemies–>Ansar Abbasi article in The News

Source: http://www.thenews.com.pk/top_story_detail.asp?Id=25831

Saturday, November 28, 2009
Viewpoint

By Ansar Abbasi

ISLAMABAD: President Asif Ali Zardari does not need adversaries as he is his own worst enemy. He shouldn’t be worried about the conspiracies, if any, of his political foes, the establishment or his perceived opponent — Geo and a few journalists associated with the Jang Group — because he himself is in a self-destructive mode.

Perhaps not many would be bothered as to what he does to himself but the big worry is about his style of governance which is marred by inaction and indifference at a time when there is a need to do a lot and seriously.

His strange and incomprehensible attitude is damaging Pakistan and threatening the whole system. To be precise and candid, if I am allowed to express my personal view, there is no greater threat to democracy and the system than the president himself. Others have the right to differ.

Getting to the Presidency or the chief executive’s office through democratic means, does not mean anything if the promises made are disregarded, election manifesto is overlooked, institutions are ruined, constitutional distortions are subtly protected to thrust and sustain a one man rule that could be described as civilian dictatorship, and parliament is ignored and cabinet is turned into a non-entity. All of this is happening under Zardariís rule.

Although the president has pointed his finger at Geo and Jang Group as his sole enemy, he conveniently ignored what the whole world says about his style of government, his growing unpopularity, mounting corruption of his regime and his men.

Read the foreign newspapers and magazines, look what is coming from Paris about the submarine deal, go through the international surveys about the record-breaking corruption to adjudge the reputation of Zardari-led political dispensation. You will find that Pakistan is hurting.

Ask the political parties, get the pulse of the military establishment, talk to the members of the civil bureaucracy and even have a heart to heart discussion with the PPP leaders including those holding public office, there is a consensus that the president is doing just contrary to what the situation demands. Pakistan is confronted with Himalaya like challenges but its president appears non-serious to face them and get them resolved. No matter what he said in his last public speech made from the Presidency, now generally termed his bunker, he knows how he is seen by all the stakeholders and how much he is trusted.

Media has always served as an easy prey for every government. What President Zardari also did on last Wednesday was no different from the past? We know the Jang Group has committed ìsinî by unearthing corruption scandals, one after the other, and by consistently highlighting tales of murder of merit, favouritism, bad governance. We are also ìresponsibleî for reminding the president and his government of promises, commitments and pledges that remained unfulfilled. President Zardari may not like it but we would continue doing so because it is our fundamental responsibility and this is what the media has been doing in the past.

We have nothing personal against anyone. We donít seek any personal favour, plots, foreign trips and lucrative positions. We neither conspire nor claim to be the kingmakers. We are just messengers and opinion makers. We may be accused of running campaigns or getting biased but all such campaigns or biases, if any, would be directed for institution building, rule of law, justice and fair play. The deserted ousted dictator General (retd) Musharraf also thought that we were biased against him. To an extent he was right that we were biased. But our bias was not against him but to achieve the goal of independence of judiciary in Pakistan. We achieved the goal for which the whole nation takes pride today.

Our criticism against the president and his regime is based on similar biases, which should not be misinterpreted in any other manner. Needless to say that we are biased against corruption, we are biased against nepotism and violation of merit, we are biased against misrule, we are biased against undemocratic postures of the democrats, we are biased against weakening of the institutions, we are biased against military rule as well as civilian dictatorship and certainly we are biased against anything that in any manner harms our homeland.

Mediaís criticism is nowhere seen as a ìconspiracyî to make or break governments. Instead, it is taken by the matured minds and civilised societies as a chance to improve governance, better service delivery, address injustices and serve the public interest.

President Zardari may not like it but he needs to change himself if he wants to secure his presidency. It may also not sound music to his ears but he also needs to change his company by getting rid of the tainted sycophants, dirtied courtiers, corrupt to the core souls and some ìknownî agents of MI6 and CIA, surrounding him. He has to act without any further delay to undo the 17th Amendment, implement the Charter of Democracy and check corruption. Otherwise, he would continue getting weaker and weaker with every passing day. But for his own follies and failings, there is no reason to blame others, particularly the media, which is the mirror, whom the politician always support and admire when out of power intoxication.

NRO List and Government Stance–>The question here is of morality and social justice.

Finally the ever awaited list of National Reconciliation Ordinance (NRO)  is out which has names of 8,041 beneficiaries out of which only 34 are politicians and rest are from bureaucracy , criminals, businessmen and other accused.

There is a huge demand from various corners of the society to take resignations voluntarily or in voluntarily from the people who benefited from this law and are still serving in the government.

The point of view of government as presented by federal minister for information and governor of Gilgit-Bultistan Qamar Zaman Kaira is that demanding resignations from NRO beneficiaries uncalled for.  The reason he gives is one will have to differentiate between charges and crimes and that nothing has so far been proved against the NRO beneficiaries which on principle seems to be OK! But can the information minister inform us about the pending cases and trials of common people in courts who have to justify their innocence before law to get acquitted and if the NRO angels where innocent then why they took refuge in a dictator’s shelter of NRO.

The question here is of morality and social justice that why an elite group of people found it necessary to get a clearance certificate through a draconian law instead of facing the courts whereas a common man has to face years of trial to get justice.

Still no full list of beneficiaries and cases is provided to the people and media.

We also demand the list of people who got benefits from loan forgiveness or unfair settlements through corrupt political and banking practices.

(Images source: http://pkpolitics.com/2009/11/22/nro-list-shows-34-politicians-out-of-8000/)

Murder, embezzlement & balwa amongst the pardoned crimes–>The Nation

By Zahid Gishkori

Source: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Politics/22-Nov-2009/Murder-embezzlement–balwa-amongst-the-pardoned-crimes/1

ISLAMABAD – List of beneficiaries of National Reconciliation Ordinance (NRO) released by Ministry of Law and Justice on Saturday took the top politicians of the state to task and perceived them as black sheep of the society.
Some 34 politicians have been ranked first in the list of some 8,041 persons in terms of money, murders, attempted murders, balwa, embezzlement, corruption, malpractice, terrorism, kidnappings and other crimes of heinous nature. Keeping in view their massive embezzlements, these politicians seem to be heavy burden on the country that is already facing a severe financial crunch.
The Law Ministry for the first time has brought the big fish to surface by releasing the list of country’s most corrupt people. “The notorious guns of malpractice of these black sheep which left the poor at the mercy of God had been used as common practice against the innocents since decades,” NRO list observed.
The top beneficiary of NRO is Altaf Hussain whose 72 cases including 31 murder cases were dismissed. President Asif Ali Zardari had seven cases against him, while the number of Dr Farooq Sattar’s cases was 13. Most politicians had one to two cases against them. Madam Nusrat Bhutto, the spouse of Zulfikar Ali Bhutto, also heads over thousands in the notorious list.
The MQM headed over other political parties whose workers hit the iron when it was hot. However, the PML-Q workers kept them away from that shoddy practice.
Addressing a press conference, Minister of State for Law & Justice Mohammad Afzal Sindhu on Saturday released the much-awaited list of the beneficiaries of NRO. The total number of NRO beneficiaries is 8,041 and 34 top politicians, 248 bureaucrats and three ambassadors are included in it, he told.
“Corruption, embezzlement and criminal cases dumped under NRO will likely to be reopened, as the goose of the said ordinance will be cooked on November 28, 2009,” he said. Many stalwarts of the country’s political arena will fight legal battle in the courts as the top court of the country terms NRO null ab initio, he explained.
Sindhu also announced a few important names in the list, which include President Asif Ali Zardari, MQM Chief Altaf Hussain, Begam Nusrat Bhutto, Federal Ministers Ch. Ahmad Mukhtar, Rehman Malik, Dr. Farooq Sattar, and Babar Ghori, Governor Sindh Dr. Ishrat-ul-Ibad Khan, Jahangir Badr, Anwar Saifullah, Yousaf Talpur, Ch. Shaukat Ali, Haji Nawaz Khokhar (late), Agha Siraj Ahmad Durrani, Mir Baz Kithran, Mushtaq Awan, Sulman Farooqi, Hussain Haqqani, Wajid Sham-ul-Hassan, A.R. Siddiqui, Saleem Shahzad, Aftab Ahmed Sherpao, Mian Mohammad Rasheed, Tariq Rasheed, Tariq Mahmood, Sardar Maqsood Leghari, Ghani-ur-Rehman, Javed Ahmed Qureshi, Brig. (Retd) Imtiaz, Brig. (Retd) Aslam Hayat, Safdar Barqi and Saeed Mehdi.

“Sindh is on the bottom line in the said list as some 7,793 people obtained relief under Article 2 of the NRO’s Review Board. The number of beneficiaries of the Review Board is 3,230,” he said.
He said that neither Prime Minister Syed Yousuf Raza Gilani nor his wife had taken benefit under the NRO. “Prime Minister Gilani had opted to face the courts in the cases filed against him and he has been cleared by the courts,” he argued.
The minister said that President Zardari had protection under the Article 248 of the Constitution and couldn’t be tried in any corruption or criminal case as far as he was the President of the state. “We will not protect anyone against the decision of the Supreme Court,” he maintained. The ruling PPP has taken decision that the judgement of superior judiciary would be accepted at all cost, he added.
Parrying a query when asked how much amount was involved in corruption cases abolished against beneficiaries of NRO, Sindhu said, “The demand was the list and it is produced before the media.”
Advocating NRO beneficiaries, he said most of the cases were political vendetta and had been lingering in the courts for 10 to 15 years. “PML-N Quaid Mian Nawaz Sharif has himself admitted that Ehtesab Bureau of Saifur Rehman had initiated political cases against PPP leaders,” he added. The PPP would have to give credibility to the chief of a major political party, he remarked.
The notorious NRO granted amnesty to politicians, political workers and bureaucrats who were accused of corruption, embezzlement, money laundering, murders and terrorism from 1st January 1986 to October 12, 1999, he emphasised.
The State Minister for Law said the myriad corruption cases had been pending since decades, adding only one case was decided and after that three judges had to resign.
Answering a query, he said NRO was brought in the Parliament at the direction of the Supreme Court and the verdicts of the higher judiciary would be respected in future as well.

Wajih asks SC to act against NRO beneficiaries–>The Nation

Source: http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Lahore/22-Nov-2009/Wajih-asks-SC-to-act-against-NRO-beneficiaries

LAHORE – National Reconciliation Ordinance (NRO) is against the fundamental rights and letter and spirit of the constitution. The Supreme Court should start proceedings against the corrupt bureaucrats and politician who benefited from the ordinance.
Judiciary till now is partially independent but it is hoped that it will assert its authority without bowing before any pressure.
Justice (r) Wajihuddin Ahmed said this while addressing a news conference at Lahore Press Club on Saturday.
He said it was expected that the judiciary would start proceedings at the earliest against those who looted the national wealth and got a clean chit from a military dictator under the NRO.
He opined that Feb 2008 general elections were not fully representative as lawyers, civil society and a number of political parties had boycotted the process and the nation was now expecting midterm elections.
“It is the responsibility of the Supreme Court to take up the petitions against the NRO beneficiaries on its expiry after Nov 28 deadline,” Wajih remarked, adding that it would be really difficult for the courts to open all the cases in absence of any proper prosecuting agency.
He maintained that the time had come for the emergence of alternate political leadership at the national level from amongst the leaders of lawyers’ movement and civil society.
About the immunity enjoyed by President Asif Ali Zardari, he opined that the constitution was like living organism while Article 248 being a its cancer body which give undue protection to the president and the governors. He demanded the apex court to abolish Article 248 from the Constitution as it was against the all the principles of justice and basic human rights.

Claiming that the lawyers’ movement is still alive, he said its next target was to ensure rule of law and supremacy of the Constitution while helping the judiciary in playing its role for providing of justice to the masses. He hoped that an alternate leadership would come forward from amongst the lawyers to fill the gap of political leadership at national level.
“Corruption is prevalent in lower judiciary as known means of income do not make with their (judicial officials) standard of living,” he said, adding that salary packages at the lower level should be increased.
Wajih was of the view that because of absence of any check clerical staff of sessions and civil courts received bribes openly.
He demanded amending the judicial policy and asked the higher judiciary to keep an eye on the state of affairs at the lower level.
He also suggested making the budget of judiciary independent just like the army in view of sensitive nature of its work and claimed that it improve judges’ stature in the eyes of the public.
Eid holidays
Punjab University will remain closed from Friday Nov 27 to Monday November 30, 2009 on account of Eid-ul-Azha.

Pakistan Feudal Party Imposing Feudal Law In Pakistan

If you have killed hundreds of people, involved in billions of rupees corruption or involved in any major or minor crime you just need to become a part of a filthy ruling cult and you will get indemnity from all you have done and will do in future.

That’s what this so called National Reconciliation Ordinance (NRO) is.
NRO, a draconian law which was introduced by a dictator who twice abrogated the constitution and committed high treason.

The sole purpose for this law was to ensure power sharing between new imperialist pets of Pakistan Feudal Party (so called Pakistan Peoples Party,PPP) and American pet dictator Musharraf and in case if Musharraf has to leave the stage then the NRO deal will convert into NRO-Safe Exit deal.

In this turbulence time of our self grown crises with the assistance of dollar masters our country will further go into trouble as this draconian law will destroy the already weakened concepts of justice and equality within our society.

This will allow the ruling elite to do more loot and plunder of our nation and go scot-free.

The cabinet of so called democratic government and standing committee of so called law and justice has approved it and now the government has planned to put it in front of the parliament.

A new game of numbers, image building, bargaining and hypocrisy will start and Allah knows what will come out of it as a result.

Imran Khan has already shown his intention that if NRO gets approved from parliament then he is going to challenge it in Supreme Court which has already shown signs of giving a judicial review in case they find it against the spirit of our constitution and human rights (which you can easily judge it is).

Aitzaz Ahsan, former SCBA president and senior but sidelined member of PPP has also said that SC has the right to review and reject NRO if it finds against the basic human rights.