‘PM responsible for implementing judgement’

In a rare flash of anger, the Supreme Court came down hard on the government for not having implemented its December 16, 2009 verdict on the National Reconciliation Ordinance. “This non-implementation is making a mockery of the law, this court and its judgements,” erupted Justice Raja Fayyaz.

Fayyaz is part of the five-member bench hearing the case regarding the non-implementation of the apex court’s NRO verdict.

Earlier, Attorney General of Pakistan Maulvi Anwarul Haq submitted a statement on behalf the law ministry, stating that the ministry has dispatched a summary asking for the prime minister’s directions regarding the issue. Haq then told the bench that the premier has approved the stance of law ministry regarding implementation of the verdict.

“There is no ‘stance’ of the prime minister in the statement; it is an observation,” said Justice Nasirul Mulk, who’s heading the bench. “And we have not been given a copy of the summary sent to the prime minister.”

Haq had no satisfactory reply to Mulk’s question as to which official of the law ministry had directed the filing of the law ministry’s statement.

“It’s been almost six months and we still don’t know who is the responsible for obstructing the implementation of the court’s judgment,” shot irate Justice Jawad S Khwaja. “We need someone responsible to tell us the facts.”

Citing law minister Babar Awan as the most informed person regarding the situation, Mulk reminded the AG that the court had called – and not summoned – Awan to detail the actions taken regarding the implementation of the verdict.

At this point, a furious Fayyaz jumped in. “This non-implementation is making a mockery of the law; this court and its judgements,” he said. “Being the chief executive of the country, it is the responsibility of the prime minister to implement the judgement of this court.”

Citing article 5 of the constitution, Khwaja said that adherence to the law and constitution was the responsibility of every citizen. And that article 190 made it mandatory for all executive and judicial authorities throughout Pakistan to act in aid of the Supreme Court.

The bench has now demanded the appearance of acting law secretary Sultan Shah at the hearing on Friday (today) and has also told the AG to provide a copy of the summary sent to the prime minister.

Published in the Express Tribune, June 11^th, 2010.