Recovery of public money: SC questions maintainability of petition

The court should not proceed further in this matter, says CJP

ISLAMABAD: The Supreme Court on Thursday questioned the maintainability of a constitution petition pertaining to recovery of public money after striking down the 2007 National Recon­ciliation Ordinance (NRO).



The three-judge bench, headed by Chief Justice Saqib Nisar, asked the petitioner and advocate Fairoz Gillani to explain whether or not the petition falls under the preview of Article 4 of the Constitution.

"I think we shouldn't proceed any further in this matter," the CJP remarked.

The counsel representing former president Asif Ali Zardari, Farooq H Naek, submitted affidavits of Zardari and his children regarding their assets. Likewise, the counsel of former president Gen (retd) Pervez Musharraf also submitted assets details along with the absconding former ruler's medical report.



However, ex-attorney general Malik Mohammad Qayyum has not submitted details of his assets. The bench asked his counsel to submit details of assets in the next hearing.

On the occasion, the chief justice also reiterated that Naek should tell PPP members that "judges aren't unfair to anyone".

Musharraf's return

Meanwhile, Justice Nisar said that if former president Pervez Musharraf returns to the country before Monday he will not be arrested.

The top judge made the remarks during a hearing of the National Reconciliation Ordinance (NRO) case. The ordinance had been been passed by Musharraf in 2007.

Musharraf’s counsel Akhtar Shah submitted the former president’s medical report asking the court to not make it public.

Justice Nisar, however, remarked, “There are people present in the country who are suffering with this disease.”

"Musharraf will return to the country on two conditions: that on his own doctor is allowed to treat him, and that his name is removed from the Exit Control List,"Shah told the court.