Ashraf given two weeks to write Swiss letter or file review petition

Published: July 25, 2012
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SC had rejected federation's reply on Tuesday, directing them to file a review petition. PHOTO: FILE

SC had rejected federation's reply on Tuesday, directing them to file a review petition. PHOTO: FILE

ISLAMABAD: Following the dismissal of Prime Minister Raja Pervaiz Ashraf’s reply submitted a day earlier in the National Reconciliation Ordinance (NRO) implementation case, the Supreme Court granted Prime Minister Raja Pervaiz Ashraf till August 8 to write the Swiss letter, Express News reported on Wednesday.

The court also gave the federation the option to file a review petition against its July 12 verdict.

A five-member bench presided over by Justice Asif Saeed Khosa was hearing the case when, upon objections raised by Attorney General Irfan Qadir, Justice Khosa quit the bench.

The attorney general, among other objections had raised the issue that Justice Khosa was not a part of this bench when the NRO case begun, hence he should not be part of the bench now.

Earlier, the Supreme Court had rejected Prime Minister Raja Pervaiz Ashraf’s reply submitted to the court, saying that a plea for review of the court’s order should have been filed instead.

The court said that the objections raised mentioned those orders that the court issued to the prime minister on June 26 and July 12, but neither were the copies of these orders attached with the plea submitted nor are these orders revokable.

The court had also said that if the federation wished to get these orders repealed, then it should have, as per the rules and regulations of the Supreme Court, filed a plea for reviewing them.

The federation had submitted a reply on behalf of the Supreme Court on Tuesday which stated that Prime Minister Ashraf cannot write a letter to Swiss authorities.

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Reader Comments (37)

  • Jul 25, 2012 - 10:59AM

    Fed up of this drama, really. Why does not SC writes the letter themselves, and if at all desolve the assembly itself. They hace overstepped their constitutional limits several times, let it ne one more.

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  • Nadeem
    Jul 25, 2012 - 11:28AM

    Rule of law is the only way forward for Pakistan and in this course some sacrifices shouldn’t matter at all.

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  • M. R@fique Zakaria
    Jul 25, 2012 - 11:33AM

    Enough is enough ! It appears that now, it is not Pakistan Peoples Party, but the Supreme Court who is dragging the matter. “Noora Koshtee” between Government and Supreme Court – to be exact.

    M. RAFIQUE ZAKARIA
    Karachi

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  • Logic Europe
    Jul 25, 2012 - 11:37AM

    Is chief justice loosing his nerve???

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  • Acorn Guts
    Jul 25, 2012 - 11:42AM

    will there ever be a logical conclusion to this fiasco?

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  • Ahmer Ali
    Jul 25, 2012 - 11:45AM

    Raja Pervez Ashraf shall not write the letter to the Swiss authorities no matter Supreme Court gives him 14 days or 14 months and shall always resist against and oppose the the Supreme Court’s decisions by using any all possible available types of delaying tactics or law procedures….
    And also if he is being terminated by the Supreme Court as has been done with Yousuf Raza Gillani in the near past…….

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  • Baba Ji
    Jul 25, 2012 - 12:19PM

    why two weeks ? again the same Tom and Jerry show !!!!!

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  • EA
    Jul 25, 2012 - 12:20PM

    hi tribune team: plez allow us a negative vote.

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  • Voice of Gilgit
    Jul 25, 2012 - 12:22PM

    The value of parliament and every department is set at risk just to save the money of one man, how same full this is….

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  • Abdul Waheed
    Jul 25, 2012 - 12:24PM

    It looks that SC (especially these 05 judges) is realizing the need to end this fiasco which is detrimental to the interests to the economy of the country and its poor people. Federal Government this time took strong stand in CMA (though returned by SC) that SC has no power to summon Prime Minister and sent him home and that stress of writing letter against Head of State is against Article 248 which provides immunity to the sitting President. Now SC will think many times to proceeed for sacking second Prime Minster as it may entail retaliation from the political government though it looks very weak and helpless to stand against Powerful judiciary but as a last resort to avert the maximum danger the government can take extreme steps. The international criticism especially from former judge of Indian Supreme Court (Justice Katju) on sacking of PM with opinion of overstepping may also soften the minds of some judges (sans Justice Iftikhar).

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  • 3footninja
    Jul 25, 2012 - 12:25PM

    why not give him a date for 14th august instead. would be more dramatic if raja rental were to be fired on that day

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  • S K Afridi
    Jul 25, 2012 - 12:49PM

    It is futile to give two weeks to Raja Rental. He is not going to move. Supreme court should just throw him out and form a commission to write the letter to Swiss authorities.

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  • choptocut
    Jul 25, 2012 - 1:02PM

    40 Percent population below poverty; electricity shortfall; distorted legal procedures at lower court levels; rising illiteracy. These are not the problems of Pakistani people. The only problem is Swiss letter which one’s written, immediately solve all the problems. Well Done Pak CJ !

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  • Azzam
    Jul 25, 2012 - 1:02PM

    If we call our country Islamic republic of Pakistan, i dont see why anyone shall have immunity and be above law. If he has nothing to hide (its a gross assumption which is 99% false) why wont he let the letter be sent and end this drama once and for all. And the SC is right to implement its writ. if the high ups are not willing to abide by the law, how come we expect law and justice to prevail at the lower levels.

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  • Mohammad
    Jul 25, 2012 - 1:03PM

    Don’t Write: Go as per the constitution of Pakistan already written by Parliament, not as per the constitution of Supreme Court.

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  • Ajamal
    Jul 25, 2012 - 1:08PM

    Why 2 more weeks? Why this show must go on????

    People have no electricity for 12 hours during ramadan, yet only focus is this joke!!!

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  • Delay
    Jul 25, 2012 - 1:16PM

    Pointless exercise but by allowing time for consideration and reconsideration,
    the judiciary is avoiding allegations being hurled at them of rushing through a case.

    It wont make a difference to the decision of the Govt and by now the public is not interested.

    Also, petition and review and motion and countermotion are all day to day tactics used by lawyers to delay cases. The point is that it is the legal right of the party to use these devices as long as it done under the rules of conduct and order.

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  • Mr. Honest
    Jul 25, 2012 - 1:43PM

    And the show goes on…

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  • Maher
    Jul 25, 2012 - 1:59PM

    2 week or 2 months, HE WILL NOT WRITE LETTER… Let SC make a committee and write letter or dismiss Raja Rental for Contempt of Court…

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  • imran
    Jul 25, 2012 - 2:15PM

    “”A political analysis”

    For those who asking a question regularly that why not PPP is writing letter to swiss authorities?? The reasons are political not legal, If they writer a letter to reopen cases against their own leaders that will be fatal political defeat for party. On legal ground PPP know that one day they will have to face these cases. By ignoring court order they are getting more and more political benefits. This whole controversy is paying off to Pakistan People party and making courts more and more controversial. PMLN strategy to using courts for political purposes has many flaws. PMLN is playing on legal ground but most important thing that party is alone in political ground where Zardari has upper hand. If PPP goes in General elections with their allies, she has a good chance to regain power . PTI is getting stronger and stronger in urban areas of Punjab which are strong hold of PMLN not PPP. The division of seats will be also beneficial for Pakistan People party and their allies.Recommend

  • elcay
    Jul 25, 2012 - 2:37PM

    It seems SC does not want to be branded as anti PPP. Other wise why would it grant another 2 weeks? It had made clear on July 12 that seeking advice from anywhere is not the option available. PM was to write the letter and apprise SC of follow up.

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  • Sehr.Siddiqui
    Jul 25, 2012 - 3:03PM

    @Beatle:
    Lets not react like a child. If a SHO does not write your FIR would you ask Court to write the FIR or ask the court to to instruct The SHO to write the FIR.

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  • Bloom
    Jul 25, 2012 - 3:04PM

    First I salute to ex-PM Yousaf Raza Gillani for keeping the constitution up and I believe rest of the judges must be fed up of the personal agenda of CJP

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  • Muhammed Ahmad (from Sindh)
    Jul 25, 2012 - 3:47PM

    More and more Drama…

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  • Jpy
    Jul 25, 2012 - 4:19PM

    Supreme Court should express regret over its judicial over reach of disqualifying the previous PM and overrule its earlier judgement that is the only way forward.

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  • Maddy
    Jul 25, 2012 - 4:35PM

    Ahhhh GOD…the audacity of these so called rulers…they have absolutely no shame, remorse and subconscious. Its like we live in a jungle with a bunch of hyenas and vultures commanding us how to be subdued with all the nonsense they are responsible for. Speak up people and stand up because its only a matter of time when we will be wiped out of the face of this earth just like the people in the dark ages.

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  • Hasan
    Jul 25, 2012 - 5:02PM

    WTH is this drama shame on chief justice for not disqualifying Raja straight away.Recommend

  • elcay
    Jul 25, 2012 - 5:20PM

    PM will opt for a review of the order. This will buy him some more time to drag the issue. And the SC will be too happy to grant adjournments. So the drama will go on.Recommend

  • smj
    Jul 25, 2012 - 5:49PM

    The insistence of Pakistani chief justice to send the President to Swiss court is laughable. He can’t grill the president as he has immunity by Pakistani law.

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  • joy
    Jul 25, 2012 - 6:20PM

    Though not directly connected with this news item, still I would point to an interesting development which took place in New Delhi today. Members of India against Corruption started an indefinite fast this morning demanding action against 15 central ministers whom, it accuses of being corrupt. They included the former finance minister and now President, Mr Pranab Mukherjee.
    But once Mr Mukherjee took oath this morning as the President..the movement leaders admitted that as President, he enjoyed immunity, and they would not, therefore, insist on action against him…

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  • Enlightened
    Jul 25, 2012 - 7:13PM

    @joy:
    Pakistan has same laws regarding immunity to its President as India and same opinion was expressed by a retired judge of Supreme Court of India in an article on ET. In that case the Pakistani Supreme court is clearly over-stepping its jurisdiction and hampering smooth functioning of the federal govt.

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  • Syed Hussain Raza
    Jul 25, 2012 - 8:50PM

    The Supreme Court is following an unconstitutional path.

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  • ehsan malik
    Jul 25, 2012 - 8:56PM

    Firdous Awan has stated on Tv that swiss account does not belong to Zardari. What is the problem then. The question of Zardari’s immunity as president does not come into it anymore, and PPP should obey the request/order to write the letter.No IF’s and but’s.

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  • Nasir Mahmood
    Jul 25, 2012 - 9:03PM

    Supreme Court has never said to write letter to open Zardari’s cases. It said write letter to Swiss authorities to open the corruption cases. Not obeying the orders show there is something wrong. Be aware these cases belong to the era before Zardari became the President by accident.

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  • Manoj Joshi
    Jul 25, 2012 - 10:06PM

    The Islamic Republic of Pakistan is passing through a rather critical Constitutional phase of development wherein the two organs of the Federal Government the Judiciary and the Political Executive are at loggerheads. This is a situation with regard to which it will be too early to arrive at any conclusion or draw any sort of inference nevertheless the development does not seem very cogenial for the democracy in Pakistan that is at a rather nascent stage. However, there is and can be a probability that this tussle between the judiciary and the political executive may eventually lead to a stronger democratic setup within Pakistan which however cannot be stated with conviction at this juncture. Optimism can only be an approach of analysis but cannot at this point of time go beyond making conjectures.

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  • AAjA
    Jul 25, 2012 - 11:00PM

    @smj:
    Is it not LAUGHABLE that A MAN REQUIRED by THE FOREIGN COURT is THE PRESIDENT of AN ISLAMIC COUNTRY?
    What a Mockery!!

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  • Sardar KHAN
    Jul 25, 2012 - 11:53PM

    Why blame CJ.It is the government dragging its feet.Just write the letter and stop this drama at once.Recommend

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