In a sternly-worded order against non-implementation of its verdict in the National Reconciliation Ordinance (NRO) case, the Supreme Court on Tuesday warned the president and the prime minister of a possible disqualification.
A five-judge bench also reminded Law Minister Maula Bux Chandio that it could show him the door along with President Asif Ali Zardari and Prime Minister Yousaf Raza Gilani for dragging his feet on implementing the NRO verdict.
“Obedience to the command of a court, and that too of the apex court of the country, is not a game of chess or a game of hide-and-seek,” the bench stated.
It said the executive had been delaying the implementation of the NRO verdict for over two years now and that the court, on the other hand, kept exercising restraint and showed magnanimity.
The court noted that the president’s recent interview and the prime minister’s speeches reflected that their political affiliations were above their oath to protect, preserve and defend the Constitution.
The bench formulated six options for itself to exercise in case the executive failed to implement the court order before January 16, the next date of hearing.
Option 1: Disqualification
Reading out the nine-page order inside the courtroom, Justice Asif Saeed Khosa imputed dishonesty to the prime minister for failing to keep his oath on protection of the Constitution. Elaborating upon the prime minister’s role, the bench said Article 190 made it obligatory upon him to comply with the Supreme Court’s verdict in letter and spirit.
The bench said it has the option of recording adverse findings against the prime minister, which could permanently block him from getting elected as a member of Parliament. The president and the law minister also seem to have breached their oaths too and could very well share the fate of the prime minister, the court stated.
Option 2: Contempt proceedings
The bench said the prime minister and the law minister could face contempt proceedings for “persistently, obstinately and contumaciously resisting” to implement the judgment. A possible conviction may entail a disqualification from being elected as a member of parliament for five years, the bench warned.
Option 3: Commission implements NRO
Highlighting its powers under Article 187, coupled with the Supreme Court Rules, 1980, the bench stated that it may appoint a commission to execute the relevant parts of the NRO judgment.
Option 4: Claim immunity
Referring to protection to the president, the prime minister and the federal minister under Article 248 of the Constitution, the bench said anyone claiming immunity should raise it before the court. “…If anybody … wishes to be heard on that question then an opportunity may be afforded to him in that respect before exercise of any of these options,” the bench held.
Option 5: Action against NAB chief
The bench observed that the NAB Chairman Fasih Bokhari defied court directions on taking action against those responsible for appointing Ahmed Riaz Sheikh as additional director FIA, and Adnan A Khwaja as managing director OGDCL. While appointing them, the authorities had ignored the fact that their convictions stood restored after the court ruled against the NRO.
Besides, the chairman did not take any action against former attorney general Malik Muhammad Qayyum, who had misused his authority in writing a letter to the Swiss authorities for withdrawal of cases against the president. The bench said chairman’s inaction fell in the ambit of misconduct and attracted the provisions of NAB ordinance on removal from office.
Option 6: Leave it to the people
In sharp contrast to its other options, the bench said it could leave the matter up to the judgment of the people or their representatives in parliament to deal with the delinquents.
(Read: High noon)
The full verdict can be read here.
Published in The Express Tribune, January 11th, 2012.
COMMENTS (97)
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@Raza: Because after the lawyers movement's supporting Iftikhar Chaudhry, the Honorable Judges feel they've been elected by the people.
@parvez: I can't imagine how any mind sincere to itself could disagree with fact that your comments are genuine and valid. I salute you and the moderators.when the purveyors of justice lose their objectivity, "Mujhaey hai hukm-e-azaan......"
Read the judgment. It sounds like a political commentary by a columnist. That says much for the judiciary of today, for whom we struggled. I took part in both the long marches to get the military off judiciary's back and am sorry to see them back together. Seems like 2001 when Mr Chudhary was validating Military rule.
Assalam-o-Allaikum Warahmatullah.Adopt option number 6,president Zardari should resign and clear himself from all the cases an accusations by facing Supreme Court because some major political parties are not ready for next transparent general elections under Zardari's presidency and ask the nation that either the nation wants to re-elect you in the next general elections or rejects you.
It is all fine that the SC is going after Zardari in the NRO case. Common sense says that if Zardari is guilty than the former President and COAS Musharraf the architect of it should be tried for treason. Since Musharraf would not take any decision without Corp Commanders consent, should all of them be tried also ? Judiciary cannot claim to see only half the picture ?
Dear all be patient, time will come that our country will prosper and the supreme court is doing right. It should be patient to bring the govt back on right path, govt for the people not for the government. Democracy is the only path on which we can go on to find our developed Pakistan.
The final round has started and PPP will play all the left over cards to create anarchy in Pakistan. Court gave them six options to chose from but believe me this NRO brand and USA backed mafia will try all his best to take revenge from poor Pakistanis. PPP will use all of his cards to destroy this country not to save the party.They shall use the following options:-
1- Sacking the judiciary by taking his restoration verdicts back on the grounds of parliament approval as they always say the restoration of Judiciary requires Parliament approval.
2-Airing the videos of Iftikhar Mohammad Ch. and publishing other political deals of different parties with establishment to defame the whole judicial system & process.
3- Sacking of DG ISI or filing a case against him in supreme court to encourage army to do a coup.
4- More non sense talking about country national security issues just like the speech of P.M on OBD visa issue in the Parliament.
5- Target killing in Karachi and unrest in Sindh with sponsorship of allied parties just like " Katti Paharee event"
6- Finally the card of Benazir Bhutto murder to blame establishment as a sponsored killer of Mohtarma.
Please watch carefully the moves of PPP in next couple of days. They will never deliver in the best interest of the country as they have a deal with USA under the umbrella of NRO to destabilize the country and take revenge of bibi killing. The last 4 years moves of this party are totally against the national interest of this country and are clear evidence of their disloyalty.
Court should now use few pages from the constitution of PPP (Law means when we have what we want) and install new interim govt. People dont even want to listen to any arguments of Zardari, Gilani, Babar and Rehman Baba anymore.please stop them showing on your newspaper.
Babar Awan should practice autism or something like dentistry because he does not seem to understand law and the importance of court.
PPP is a gonner!!!
What else could u expect from son in law of nasim hassan shah, father in law hanged first elected prime minister, son in law wants to hang whole party.
Supposedly, PPP fought for freedom and rule of law. What a joke? Where is that kid who said " democracy is the best revenge"? These people are all the same........................
Is it a chess game going on??. Remove the government and all supereme court judges.Better still abolish the supreme court. Let/s ask the britishers to open a branch of thier supreme court in Pakistan.
@R S JOHAR: After contempt proceeding of Supreme Court, it seems that now government camp will adopt one of three options;
Government camp will try to withdraw the executive order of restoring the Judges through cabinet decision or by the resolution of parliament.
Government camp will seek to precede the action against Army Chief and DG ISI.
Government camp will decide to surrender before Supreme Court decisions
CS come forward n give decision and save this burning pakistan immediately instead of giving time.
@Sam: NOT ONLY INCOMPETENT BUT ARROGANT, VERY ARROGANT ALSO
ET why do you refuse to print this comment??? I wrote this and the moderator rejected it???? I am surprised !!
After contempt proceeding of Supreme Court, it seems that now government camp will adopt one of three options;
Government camp will try to withdraw the executive order of restoring the Judges through cabinet decision or by the resolution of parliament.
Government camp will seek to precede the action against Army Chief and DG ISI.
Government camp will decide to surrender before Supreme Court decisions
DRAMA OF PPP IS GOING TO AN END: Since ever, the PPP came into rule, its rulers are claiming them successors of Shaheeds. What they did, every body know it very well. Important organs of the state have already been destroyed and the integrity and soverignity of state is at stake. NRO was never endorsed by any body and even by the parliament. The decision of NRO was appreciated by all the people of pakistan except the beneficiaries of NRO. The august court has given sufficient time to mplement the NRO decision. Today again the Supreme court has given a very historical decision. Instead of taking extreme action which PPP rulers deserve, the court gave a very wise decision. Instead of waiting for final verdict which may send the delinquent behind the bars, the PPP rulers should leave the rule. The people of Pakistan are becoming syco cases due to financial crisis, unemployment, destruction of industries and lawlessness. Mr.Zardari and Gallani and their regime still think that they are on right path???????????????Very Bad but also Sad.
Only the independent Military can help enforce Pakistan's Supreme Court orders. Supreme Court does not have any teeth without it at present. Almost all SC orders are being ignored if they go against the ruling party or government. Rule of Law has to come to Pakistan before it can make progress towards a good democracy free of massive corruption.
Strong Actions......
What judiciary in Pakistan is intending to do . CJ should also contest in the next election .
Govt will not implement the decision. SC should take action
Baap re Baap!!!!
PM, President and Law Minister are not following the rule of land and SC has to issue warning.
Tricky situation PM and Presidents are supposed to govern the country effectively and Law Minister was to check the accountability of Judges and Courts. But here a reverse sweep.
Yesterday there was a news that Brotherly action has been taken by KSA and Kuwait by refusing to oblige Pak Govt on credit facility on Oil supplies.
Seems Pakistan faces corruption greater than India.
Let us see what happens ultimately.
Nothing will happen! Business as usual.
wow... no action taken again by SC!!! they are also just delaying and gaining time... just as the govt.
@Sindhvoice: These judges act in unison against specific target. Never a dissident amongst them. Unique in the history of higher courts. I hope the General will save the country from ALL the hilltop residents of all categories.
I just read the SC order in this case on another website. While it is hard to disgaree with the judges' observations on several issues, I am at a loss to see here, as in the case of the memogate judgement, the recourse of our judges to controversial documents like the objectives resolution and the (not controversial) Holy Book, to justify their decisions. "The Prime Minister is not Sadiq and Ameen". Give me a break! Who in positions of authority is this blighted land of ours. Dont we have sufficient statutes and laws on the books that the Honorable judges need to invoke Ayat from the Holy Quran as part of their judgement.Maybe some legal eagle came enlighten us.
Why the "big people" can not be punished? Is the law just for poor and vulnerable people? Some associates are playing the roll of "Jaga" in this episode and speaking language of Sultan Rahi. All should be ashamed of their behaviour. When these people will grow up and stop looting and humiliating the country.
Once the cowboy Mush lands in Pakistan court & Navas Sharif will have busy schedule then everybody will forget this NRO drama
If SC disqualifies PM and President, situation will go towards full confrontation, then fate of nation will be decided on roads. If Swiss case is important because someone looted money then what about Mehrab Bank scandal and who distributed money to make IJI? Was that not money important? What about Hudeeba paper mills case and Money laundering case against NS? President has immunity but why not to take up above mentioned cases, those people do not enjoy immunity? Why SC is sleeping over those cases..??Only and only PPP is being targeted, as if they were responsible for all mess. The one sided court decision will not be accepted by any pro-democracy people. If people could fight against previous dictators and judicial coups, all pro-democracy people could unite again to challenge partisan and one sided decision with power of people.
@Khan: Yes. But why? Beats me.
Ya Allah Pak, Aaj Hmain Maaf Kardain, Moula Baksh Dain, Hum subb Pakistani. Jeevay Pakistan, Sada Jeevay. Pakistan Paindabad.
It's almost like a cold war. This standoff has dragged on for too long. Why don't they ALL get it over with one way or another. It's a misuse of poor taxpayers money. Please aap sab hum ghareebon ko maaf kardein; hamarey gunaahon ko baksh dein. Thanks in advance. Best regards PPoP (Poor People of Pakistan)
Though the mills of God grind slowly, yet they grind exceeding small; Though with patience he stands waiting, with exactness grinds he all.
While the SC decision has been long in coming, however Mr President and Company will not be able to plead before God and the people of this country that they were not given time and opportunity to make amends and stop pushing the country into deeper and deeper mess through their totally incompetent governance and stinking corruption.
Some people here are commenting that the CJ has not been able to deliver fully as per his roles. What we need to understand here is the Court does not have that respect from the eyes of the Parliament. Instead of there being a linkage between each of the three branches of a governement, unforutnately in our country each of the three tiers of a government are working so there is always some political tension. The judiciary lacks the power to enforce the judgments. the enforcement of decision is in the field of the bureaucracy(police, FIA, NAB) which itself is set up by those Ministers who are already corrupt! We need a change in the system, can anyone see a tsunami coming to bring a change?
They have made our lives miserable. They should have a public trail. What we are hearing from Last 4 years is NRO and NRO .. Well, No one goes jail by himself.
What I can see the final scene before the curtain is dropped is that Supreme Court after constituting the larger bench is going to announce the verdict and the President and Prime Minister will be disqualified from holding their respective offices and will ask them to vacate their offices and a dead line will be given by the Supreme Court.
If the President and the Prime Minister will not vacate their respective offices, then the Supreme Court will issue orders to Chief of the Army staff to get the Supreme Courts orders implemented.
The NRO has already become null and void and any one who got benefited under NRO will be indicted again in the cases that were upheld.
By the time all these proceedings of Supreme Court will be implemented, General Musharraf will come back to Pakistan and he will be made President to make the interim government under which the fresh elections will be held in the country.
Our Judges can easily and successfully host "KON BANEGA CROREPATI".... They have a lot of "lifelines" to grant while AAZ and cronies are filling their pockets.......
Drama :)
@Imran: 2012 – till indefinite period..Justice Asif Ali zaradari, Justic Yousaf Raza Gillani, Justice, Dr. Babar Awan, Justice Rahman Mailk
I wish that never happens :P
Ground being built up...PPP's focus would now be on sindh card and sympathy vote
In this era ....principle of necessity working oppositely
just like others confusionsssss.
Supreme Court warns president, PM of disqualification!!! wow again warning... Why SC is wasting time of Pakistan?? Pakistan is burning and they are just wasting time nothing else. If SC promised to take action this time then why they again just give warning?? If I (aam admi) commit a content of court then SC will grant me two years to take action?? Please SC now TAKE ACTION, people are doing suicides due to the poor policies of this Govt and you're giving just warning since last two years and Govt is laughing at your verdicts.
I guess this is what the government also wants, that court takes any action and they can be called Political Martyrs, and go back to people asking for votes. People like us will forget that they did not delivery anything good in last 4 years and give them votes again.
The million dollar question is who will go first, the Generals or the govt ??
What a joke .
A re-enactment of Benazir case. sadly this will have more profounding impacts than ever
Please don't wast your and our time and give a final verdict ,if if its disqualification of President or P.M other wise people of Pakistan will loose faith .
Congratulations SC Judges have won a Ticket From PML N
The SC is proceeding with care and decorum and we should be proud of that. NO stone has been left unturned to provide the accused every opportunity to argue their case. It appears clear that t he PM and the President will be found guilty. The suggestion above for forming a caretaker government to hold fresh elections seems to be the best way forward - but let us wait for the SC decision. I am confident that we will be proud of whatever the SC DECIDES
I was expecting stern action against the government but I thought we have to wait little more. So disappointing, nation has to go through another stupid debate on NRO.
The SC has again stopped short of action. The Government has NEVER implemented any of SC's directives. It is time that SC goes ahead and announces some strict action instead of setting up more commissions and seeking replies from the Government.
*Contempt
Last chance to the President? Sir, what was President supposed to do, which he has not done? There has to be some justification for your decisions.
@Awais Rana: What is the problem in bringing quran...we are Islamic Republic??? ...yes this case is very imp.... those 60million dollars can help poor pakistanis....and more dollars can be saved from being stolen by current regime
I am willing to give everything for justice in this country CJ and I am thankful to you for finally standing up for this nation!
1977 - Justice Nasim Hassan Shah Part I. 2012 - Justice Nasim Hassan Shah Part II.
nothing will happen .
What CJP can do for action.....? May be the last option that....Only he can order or request (I Don't Know about LAW)to Army for action, that is not good for country and Army itself.....
One more adjournment.This proves that SC is not serious enough to pursue implementation of its verdicts.
Clash of titans and people will be crushed to miseries.
Next the Supreme Court will contest elections and rule Pakistan !
If they have violated the Oath of office as the Hon Supreme Court has observed in para 5 Option 1, what is written in the Constitution should logically apply both to the Prime Minister and President. Also Option 2 (Contempt) has serious consequences and Supreme Court has given finding
The Hon Supreme Court has to be respected.This is a landmark decision that every one has to respect their oath of office
this whole look artificial . I think judges are wise enough they known our history and remember the names of justice munir , mustaq , anwar-ul-haq , nasim hassan shah ,asrhd-ul-haq and thier judgment . although their judgement were popular on that time but history is not on their side
Excellent verdict.....at last.
awesome work by SC, ball squarely in govt corner, larger bench and watch govt fight it off nearing election LOL
SC has much tolerated on this issue. Now enough is enough. But, again we will see how SC will get its verdict implemented??
Another investigation and a "CAN BE" phrase ...
I think verdict is still pouring in, so just wait for the hammer
Will the "Azad Adliya" grant me (a commom man) with multiple chances of clarification and various choices if I commit the content of the "honorable" court?
This is rich indeed. Those who presided over the subversion of the Constitution by taking oath under the PCO and LFO and even now refuse to act against their benefactor the dictator, are now holier than thou.
so nothing new...same old time delay!
Action???
In my opinion decision should be contempt of court against current government specially prime minister and president of Pakistan. Court should appoint an interim government to arrange new general elections before senate elections so we can get a new people mandate.
What now?
Where is the action against govt??????? that CJ promised???
111 brigade...???
SC is disappointed, SC gave deadline etc etc... Now its time for ACTION... SC its time to play the ACE...
i guess never as the govt says it iwll be a case against the graves!
strange the parties of in the NRO are allowed to remian scott free yet ppl want the creator NRO to be destroyed.
I am tired to read this news from last two years.when will this issue be solved???
Such an incompetent Government in the history of Pakistan, neither they obey court orders not they did anything for general public...President, PM and Ministers are riches in the list and country and its peoples are the poorest in the world :-) Jaye Jamhuryat
Suspense ...
what is the course of action to be taken now
so now what?