SC tells govt to clear its stance on NRO
Ordinance legal as it was promulgated according to the constitution: Awan.
ISLAMABAD:
The Supreme Court has asked the government to be clear on its stance on the National Reconciliation Ordinance.
In its hearing on Tuesday, the court directed the federation to explain in writing how it is an aggrieved party in the court’s 2009 verdict that declared the ordinance illegal.
The federation’s ill-prepared counsel Babar Awan began his arguments on merit of the federation’s review appeal before a 17-member full bench, headed by Chief Justice Iftikhar Muhammad Chaudhry.
Awan defended the government, saying the majority in parliament had never voted in favour of the ordinance, adding that the government’s lawyers and ministers have been facing trial in courts.
He said the federation’s only contention is that its point of view was not heard. In response, Justice Tassaduq Jillani said that when the case was being heard, the federation had proudly said it will not support the NRO. Justice Jawad S Khwaja asked Awan to be specific on the judgment and cite parts of the verdict in which the federation feels that it is aggrieved. This is the way review petitions are argued, he said.
“If there is any aggrieved person who says he was not heard, a review appeal can be filed, but how can the federation file a review appeal?” asked Justice Sarmad Jalal Osmany.
Awan said the NRO was promulgated according to the constitution which was legal so far as the procedure was concerned – a point of view Justice Khawaja found shocking.
Justice Saqib Nisar said that since the PPP is in power, the federation is presenting itself as the aggrieved party and if another party was in power the federation would have been happy.
“No such law can be made in the world which protects corruption and plundering,” CJP said.
He directed the counsel to submit in writing what the federation will lose because of the court’s verdict on the NRO. The court adjourned the case till Wednesday morning.
Published in The Express Tribune, November 23rd, 2011.
The Supreme Court has asked the government to be clear on its stance on the National Reconciliation Ordinance.
In its hearing on Tuesday, the court directed the federation to explain in writing how it is an aggrieved party in the court’s 2009 verdict that declared the ordinance illegal.
The federation’s ill-prepared counsel Babar Awan began his arguments on merit of the federation’s review appeal before a 17-member full bench, headed by Chief Justice Iftikhar Muhammad Chaudhry.
Awan defended the government, saying the majority in parliament had never voted in favour of the ordinance, adding that the government’s lawyers and ministers have been facing trial in courts.
He said the federation’s only contention is that its point of view was not heard. In response, Justice Tassaduq Jillani said that when the case was being heard, the federation had proudly said it will not support the NRO. Justice Jawad S Khwaja asked Awan to be specific on the judgment and cite parts of the verdict in which the federation feels that it is aggrieved. This is the way review petitions are argued, he said.
“If there is any aggrieved person who says he was not heard, a review appeal can be filed, but how can the federation file a review appeal?” asked Justice Sarmad Jalal Osmany.
Awan said the NRO was promulgated according to the constitution which was legal so far as the procedure was concerned – a point of view Justice Khawaja found shocking.
Justice Saqib Nisar said that since the PPP is in power, the federation is presenting itself as the aggrieved party and if another party was in power the federation would have been happy.
“No such law can be made in the world which protects corruption and plundering,” CJP said.
He directed the counsel to submit in writing what the federation will lose because of the court’s verdict on the NRO. The court adjourned the case till Wednesday morning.
Published in The Express Tribune, November 23rd, 2011.