Pakistan

Stalemate continues: SC gives govt one more day to start NRO defence

No federal representation is the best justification to dispose of the petition: CJ.

Qaiser Zulfiqar April 19, 2011

ISLAMABAD:

Chief Justice Iftikhar Muhammad Chaudhry on Monday asked who will defend the defunct National Reconciliation Ordinance (NRO) if nobody is willing to argue on behalf of the federation.

The prime minister is the representative of the federation and perhaps he should be asked to come forward to plead the case, Justice Chaudhry observed after the attorney-general of Pakistan (AGP) and the advocate on record (AOR) declined to argue during the hearing of the NRO review.

The AGP said he had suggested an alternative to the federation which he could not disclose to the bench. He asked the 17-member full court to postpone the hearing of the NRO review appeal for a day.

The chief justice said the court may easily dispose of the appeal. “Seek instructions from the federation and submit your answer by Tuesday,” he directed the AGP and extended the deadline by one day.

Additional Attorney General (AAG) KK Agha submitted that the federation did not permit him to argue the case. Therefore, in pursuance of rules, he could not represent the federation.

The fact that there is no one to represent the federation is the best justification for disposing of the petition, the chief justice. The bench observed that the AGP as the federation’s chief law officer may argue the case. After the break, he informed the bench that though the federation has expressed confidence in him, it would like to hire Khalid Ranjha as its counsel.

No one is willing to argue the case. Parliament did not debate the ordinance either when the Supreme Court referred the NRO to the legislature, the bench observed. This case is delaying the hearing of the 18th amendment case, the chief justice remarked.

The apex court issued a show cause notice to AOR Raja Abdul Ghafoor to explain why his name should not be removed from the roll of the Advocates-on-Record in accordance with the Supreme Court Rules, for expressing the inability to continue on account of indisposition.

A show cause notice has also been issued to Solicitor General, Ministry of Law, Nasir Ali Shah, to explain why action should not be taken against him for making an incorrect statement before the court, which resulted in embarrassment for the federal government.

The AOR had informed the court that he was unable to argue the case because of medical reasons. He said he requested the federation to disassociate him from the case three months ago.

Nasir Ali Shah said that Abdul Ghafoor requested that he be disassociated from the case but the application is now missing. The court observed that he disassociated Abdul Ghafoor from the case without any record and replaced him with AOR Syed Zafar Abbas Naqvi on his written request on April 14. The court observed that AOR Abdul Ghafoor has been regularly appearing in this case and has never before cited medical reasons for withdrawal from a case. It is perhaps in view of the orders passed by this court on April 11, 12 and 14 stating that the AOR represent the federation if the AAG is denied permission that he had a letter issued for his replacement. According to the rules he has to argue the case in the absence of the government counsel.

The court adjourned the hearing till Tuesday on the AGP’s request.

Published in The Express Tribune, April 19^th, 2011.

COMMENTS (20)

Shaheena | 13 years ago | Reply This is simple, let the govt has basic right to argue the case. Two state institutions should act mature. Will this SC will act intransigently if there was a martial law. SC should show wisdom and sagacity and not personal bias! there are 17 judges and why not even a single judge has not shown more sagacious gesture. our country needs more sagacity.

Mirza | 13 years ago | Reply In any civilized country and even the richest countries of the world a bench of 17 SC judges is unheard of. Like Alibaba and 40 thieves these judges have nothing better to do except dealing with political cases. How about murder, treason, and all the appeal cases languishing for decades? Each of these trial should have been in the HC and SC is only and appeals court. Nowhere in the world cases start from a point where they should go only for the final appeal. In the US, there cannot be more than 9 SC judges not like Alibaba and the gang. Mirza, USA

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waqas ahmed | 13 years ago | Reply The original PPP has been buried with the assassination of Benazir Bhutto and with the judicial murder of Zulfiqar Ali bhutto and i m sure that this term will prove the last term for the ppp as they have made the people furious against themeselves and NRO has put them down.

Akhtar | 13 years ago | Reply the best thing for CJ is to declare PPP govt unlawful so that his revenge is complete and may be he can do justice with some other cases

Imran | 13 years ago | Reply How embarrassing for the doctor! The question needs to be asked: does (former minister) Awan have the requisite skills to represent the Federation? I put it to you that his legal skills fall far short of the minimum level required to adequately represent the Government in this matter. Who will accept responsibility for this error and the numerous procedural (and legal) mistakes that are to follow? I doubt that it will be the doctor! Again, how embarrassing for the doctor! Does he get embarrassed?

Naushad Shafkat | 13 years ago | Reply What is the problem allowing Dr. Khalid Ranjha to plead the government's case? And then the Chief Justice says that the government seems to have confidence on no one. Really beyond comprehension. And then it is preordained that the review will be dismissed.

Silent Spectator | 13 years ago | Reply It is funny to see how expeditiously the Government of Pakistan is working to get the Bhutto case re-opened. However for the NRO case, the same Government is dragging its feet by pulling stunts like changing the counsel when needed and coming up with unimaginable excuses. It goes to prove that when there is a will there is a way.

Imran | 13 years ago | Reply @Shaheena: Punjab dominated Judiciary, Military, Bureaucracy, and Press, all of them with antagonistic, venomous, and contemptuous attitude towards non-Punjabis. What else do you expect!

Imran | 13 years ago | Reply @arsalan shirazi: "ppp to practise its racist attacks towards the supreme court" Your name is quite racist in its own, my friend!

Imran | 13 years ago | Reply PPP is very skilled at delaying tactics and such acts reveal the true worth of their morals. Time has come that Supreme Court to DISMISS this petition right away.

Shaheena | 13 years ago | Reply Is CJ afraid of new counsel? Asma Jeghanghir is right, CJ Chauderi wants his Chaudrahat. For NS and Company, CJ will suspend all rules and regulations to accommodate them. For PPP and people from smaller provinces, the WRATH OF IRRATIONAL RULES. THe SC should allow the change of counsel and also amend their unjust rules: any counsel can argue the case. the merits of the case matters and not the counsel.

H. Zaidi | 13 years ago | Reply There is a well-known saying in Urdu that you have to lie a hundred times to justify one lie. Unfortunately, PPP's present leadership has to indulge in wrongdoing constantly because it came to power through the infamous NRO, which exonerated many in its top leadership of their past misdeeds, including cases of massive corruption. Not that they have a monopoly on corruption, but their past and their very philosophy are dubious, their credibility is low and their performance in office during the last three years dismal. Instead of paying attention to solving the country's many problems, they are busy opening up new fronts against the judiciary. They have also raised issues such as the devolution of HEC which was totally unequired. They sent a refernce in ZAB case, to divert attention from their incompetence in apprehending BB's killers. All these things cost money and time, about which the PPP leadership is least bothered. Meanwhile, unbridled corruption and hypsocrisy reigns supreme, (two glaring examples: drone attacks and the Raymond Davis affair) and all the PPP seems to be concerned about is to stay in office for five years. This seems to be their one-point manifesto, while their motto seeems to be "to make hay while the sun shines."

Adeel | 13 years ago | Reply nothing's going to happen...almost 2 years have passed since NRO was declared null and void...these corrupt rulers won't go!

Gill | 13 years ago | Reply You can expect nothing but "MESS" from this corruption "KHAPPAY" Government.

Fair Voice | 13 years ago | Reply People are voicing their concerns over the biased attitude of Judiciary.ll If they allow PPP to change the council, sky will not fall. Ever one has a right to fair trial. By leveling corruption charges on Government, no one can deprive them of their rights. In spite of everyone asking for hearing of Asghar KHan petition and cases of Nawaz Sharif, SC is adamant in hearing these cases.

tanveer jamal | 13 years ago | Reply @arsalan shirazi: Punjabis have become the favourite punching bag of everyone these days.The vast majority of news channels have their headoffices in karachi & display their biased ,racist attitude by degrading punjabi culture & language every chance they get. They have always got their knives ready to pounce on PML-N for anything it might or might not do,but never say anything about a certain karachi based party. now,the ppp has also got into the act & is targetting punjabis to blackmail the judiciary into not pursuing the courruption cases.

salim | 13 years ago | Reply For a change CJ should look into cases pending against Nawaz. Also Asgher Khan's petition and Mehran Bank Scandal.

Billoo Bhaya | 13 years ago | Reply This is a leadership of Looney Tunes who are taking on a joy ride that will bankrupt us, in fact it has because the country can't pay back the IMF loans.

babar akthar | 13 years ago | Reply ppp is out to break up pakistan to save its massive corruption.The public should wake up & understand ppp's tactics & the people should not get emotional over the racist slogans prejudiced attitudes of the ppp people. ZAB & benazir had made ppp into a federal party representing all the provinces,unfortunately the current leadership has made it into an ethnic party.

arsalan shirazi | 13 years ago | Reply Another opportunity for the ppp to practise its racist attacks towards the supreme court.The ppp has been fanning the flames of ethnic hatred against the punjabis to protect its corruption. it's ministers & MNA's have been making hatefilled comments & remarks towards punjab & punjabis so that they can blackmail the judiciary & the army into not exposing ppp's massive loot & plunder of state resources.

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