NRO implementation case: Armistice under threat as SC sets Oct 5 deadline

Court rejects Swiss letter draft again; warns of restarting proceedings against PM.

ISLAMABAD:

If you thought that the bruising political saga that is the NRO implementation case was tapering off on the shoulders of a clandestine understanding, Wednesday’s proceedings suggested otherwise.

What was being considered a breakthrough, with the government finally agreeing to follow court orders and write a letter to Swiss authorities, is under threat with a five-member Supreme Court bench seeming to lose its patience once again.

Unsatisfied, for the second time in two days, with the government’s draft of the Swiss letter, the court warned that, unless its orders were followed in full, it would restart proceedings against Prime Minister Raja Pervaiz Ashraf, who only won reprieve from the court last week.

Law Minister Farooq Naek has now been given till October 5 to get the draft right.

Last week, the government agreed to write to the Swiss authorities about multi-million dollar corruption allegations against President Asif Ali Zardari after nearly three years of resisting. But on Wednesday, after holding marathon sessions in the chambers, the Supreme Court said the draft letter prepared by Law Minister Farooq Naek was unsatisfactory. The five-judge bench of the apex court, headed by Justice Asif Saeed Khosa, had also expressed its dissatisfaction on Tuesday.

No ‘middle-way’

During the proceedings, the court asked Naek why the letter had not been drafted keeping in view para 178 of the NRO judgment, which clearly mentions the revival of graft cases against President Asif Ali Zardari, as was agreed in the chamber.

The draft letters are so far reported to have said that Swiss authorities are not required to take any further action on the cases.

At the onset of the hearing, Naek once again requested an in-camera session while citing the sensitivity of the case – like he had on Tuesday. However, the process of retiring to the chambers was delayed by a hesitant bench. Justice Ejaz Afzal even questioned the intent behind Naek’s request for an in-camera session.

While referring to para 178 of NRO judgment, Naek said “we want a win-win situation, both for the court and the government.” However, Justice Ejaz Afzal expressed the bench’s discontent with Naek’s wording of the draft letter and contended that there is no concept of compromise or a win-win situation at the helm of justice.

During the hearing, Justice Khosa discussed details of Monday’s in-camera meeting, while also clarifying the  court’s position. Khosa said none of the judges ever uttered the words “middle way” during the discussions held in the chambers.

“Yes, we discussed a way to resolve this issue amicably,” said Khosa, adding that after examining the draft letter on Tuesday and pointing out deficiencies, Naek had promised to make the necessary changes by Wednesday.

Naek, however, insisted for an in-camera hearing throughout, and after being stalled for most part of the hearing, the bench finally acquiesced to his request.

During the in-camera meeting, the draft was first discussed by the judges, who later summoned Naek and the counsel for the government, Waseem Sajjad, into the chambers. The bench then reassembled at noon with strict orders for the government. The court’s written order said that the law minister had agreed to prepare a draft as per directions of the court in the NRO judgment by October 5.

Briefing after hearing

“We will act in the light of the court’s observations. We hope the matter will be resolved amicably. Whatever the issue is it will be resolved in accordance with law and the constitution,” Naek said after the hearing.

However, Naek went on to add that, since he was not the final authority on the matter, he would consult with Prime Minister Ashraf on the matter.

“They were very gracious and kind and they gave me time till October 5 to hold any consultations I needed to complete the letter so that this matter can end,” said the law minister. The law minister also dispelled rumors of threats during the in-camera meeting, saying that it was a pressure-free decision taken by the court.

“There is no bone of contention and all their observations will be taken into consideration while resolving this matter,” Naek said.

Meanwhile, Information Minister Qamar Zaman Kaira told the media that summoning respondents to the chambers was a routine matter since people needed to be taken into confidence. “This is not about trust or mistrust; it is a legal situation which requires consulting others,” he said.

Published in The Express Tribune, September 27^th, 2012.