ISLAMABAD:
In an unexpected development, the National Reconciliation Order (NRO) implementation case went from a raging public tussle between the executive and the judiciary for the past three years, to behind closed doors on Tuesday.
Judges of the apex court and government’s representatives held a ‘brainstorming’ session behind closed doors over the letter to be written to Swiss authorities.
The letter has already cost the incumbent Pakistan Peoples Party (PPP) government a prime minister who refused to comply with court orders in the same case.
Law Minister Farooq H Naek submitted the draft of the letter at an apex court hearing on Tuesday, along with an authority letter on behalf of Prime Minister Raja Pervaiz Ashraf.
A five-member bench headed by Justice Asif Saeed Khosa started reviewing the draft in an open hearing. Shortly afterwards, however, the hearing was suspended, and Law Minister Naek and the government’s counsel Wasim Sajjad were called to the court chamber for consultation.
The move unleashed a barrage of rumours and speculations on the issue.
Thirty minutes later, however, the bench reassembled and, upon Naek’s request, adjourned the hearing until Wednesday (today).
The law minister then took party stalwart, and religious affairs minister, Syed Khursheed Shah to a corner in the courtroom to brief him on the discussions held in the court chambers. Naek avoided the media, saying a press talk could not be held in the courtroom.
Behind closed doors
Sources, however, said Naek was briefed about the judiciary’s objections and granted a brief respite to sort them out.
Justice Khosa reportedly directed the law minister to refer to the graft cases via reference to former attorney general Malik Qayum’s letter. The bench also told Naek that the letter will be sent to the attorney general of Geneva.
Prepared by the law minister in consultation with Sajjad, the draft letter seeks the withdrawal of letters written on May 22, 2008, by then-attorney general Malik Qayum, who had informed Swiss authorities that Pakistan was no longer interested in pursuing graft charges against President Asif Ali Zardari and his late wife, and former prime minister, Benazir Bhutto.
According to the arrangements, after making the amendments, Naek will submit the second draft of the letter on Wednesday (today).
The next steps will be decided during Wednesday’s hearing, including the mode of sending the letter –by a special messenger or by a courier – and submission of receipt confirming that the letter has been sent to Swiss authorities. At the last hearing, Prime Minister Ashraf surprised everyone by saying the government is now prepared to write the letter to Swiss authorities. He had informed the court that he would authorise Naek to implement court orders in this regard. After his assurances, the court exempted the premier from personal appearance and asked him to authorise the law minister, in writing.
‘Qayum did nothing wrong’
In a related case, the National Accountability Bureau (NAB) submitted to the court that the former attorney general did nothing wrong in writing a letter to the Swiss authorities.
The court had ordered filing a reference against Malik Qayum for his ‘illegal’ correspondence with the Swiss authorities.
In its 39-page reply, submitted by Prosecutor General NAB Karim Khan Agha, the authority termed the correspondence of Qayum legitimate.
Published in The Express Tribune, September 26th, 2012.
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