CJ forms full-court bench for crucial NRO battle

Federation’s counsel yet to be appointed for upcoming proceedings.

ISLAMABAD:

Moments after administering oath to four new judges of the Supreme Court (SC), Chief Justice Iftikhar Muhammad Chaudhry constituted a full-court bench, on Thursday, to resume hearing of the government’s petition for review of the verdict which had struck down the National Reconciliation Ordinance (NRO) in 2009.

The case, legal and political experts believe, will pose another stiff challenge to the government already struggling in the face of a growingly assertive opposition and reportedly deepening tensions with the security establishment. Notices have been issued to all stakeholders to come prepared before the full court on November 21. The hearing of the review appeal was initially postponed for two weeks in April due to Justice Tassaduq Hussain Jillani’s unavailability. However, the case could not be taken up till now since four judges had retired out of the 17-member full court. With the appointment of Justice Ejaz Chaudhry, Justice Ejaz Afzal, Justice Gulzar Ahmed and Justice Athar Syed, the apex court has regained full strength.

Several key government officials and law officers were forced to leave because of the government’s refusal to implement the verdict. A secretary law, an attorney general (AGP) as well as an acting AGP, chairman and prosecutor general National Accountability Bureau (NAB) and others had been removed or had opted to resign because of repeated conflict. Former secretary law Justice (retd) Aqil Mirza had opted to quit after he could not justify the government’s refusal to write to the Swiss government for reopening corruption cases against President Zardari and seize his accounts in Switzerland, on the SC’s directive. Former chairman NAB Naveed Ahsan, opted to go on leave due to immense pressure to proceed against the president, but eventually he too had to resign. Former prosecutor general Danishwar Malik resigned as well once he had withdrawn all the documents from the Swiss authorities. Former AGP Anwar Mansoor Khan had to quit in frustration at the government’s resistance to the implementation of the NRO judgment.

On the last hearing of NRO’s review petition, the government had insisted on the right to appoint Dr Khalid Ranjha in place of Kamal Azfar, who dissociated himself from the case after complaining that he was threatened to withdraw his services by a lawyer believed to be close to the executive. The court had declined the government’s request to name a lawyer of its choice to plead the review petition because it was against the spirit of natural justice as well as contrary to article 10-A which determines the right to fair trial. After Dr Ranjha became a member of the judicial commission for judges’ appointment, the government had fielded Latif Khosa. Since he has been appointed governor Punjab, Babar Awan is vying to represent the federation in the upcoming NRO review petition. The controversy is as yet unresolved.

Published in The Express Tribune, November 18^th, 2011.