Day 4: Barbs fly in NRO review hearing

Awan insists on presenting more documents; CJ says Benazir did not support the indemnity-granting ordinance.

ISLAMABAD: It was another heated day in courtroom 1, with little progress made in the National Reconciliation Ordinance review appeal case.

On Thursday, the fourth day of the hearing, federation’s counsel Babar Awan presented additional documents to an increasingly frustrated 17-judge full court. Although the bench headed by Chief Justice Iftikhar Muhammad Chaudhry did not officially accept the documents, it has agreed to finally hear his arguments today (Friday).

A day after Urdu couplets were recited in court, harsh words were exchanged between Awan and the judges as the former law minister reiterated that the NRO case was decided without giving the federation an opportunity to present its case.

“In the past four days, the federation has failed to tell the court how it was affected by the verdict,” Justice Asif Saeed Khosa said.

Awan submitted additional documents to show how the verdict had hurt the federation, but the SC made it clear that additional documents cannot be accepted in a review appeal case. The CJ said that being an ‘experienced lawyer’ Awan should have known this.

The bench directed Awan to submit a written statement, but he insisted on presenting certain documents before the bench, adding that without knowing ‘facts’, the verdict cannot be announced.

To strengthen his case, Awan said the independent judiciary has the jurisdiction to accept supplementary documents in a review petition.

Commenting on the court’s verdict, the chief justice said that because of the NRO judgment, rule of law had been established and those who considered themselves above the law had to face trial.

“The prime minister faced cases instead of becoming a beneficiary to the ordinance, whereas the interior minister also appeared before courts,” he added.

The chief justice cited former premier Benazir Bhutto’s stance on the NRO, saying she was not interested in the ordinance and that it was former president Pervez Musharraf who wanted to impose it.

Justice Chaudhry said that if there was any deal on the NRO from Benazir, then she would have not supported the lawyers movement in Pakistan, adding that the ordinance had benefited ‘some other people.’

During the course of hearing, counsel for former chief justice Lahore High Court Waseem Sajjad, Attorney General of Pakistan Malik Qayyum, counsel for former Chairman NAB Naveed Ahsan, Former Prosecutor General NAB Danshwar Malik and Deputy Prosecutor General NAB Baseer Qureshi appeared before the bench in person and argued their case.

After hearing all four, the bench amended the verdict relating to them and said observations made in the case will not affect them in any way.

Published in The Express Tribune, November 25^th, 2011.