ISLAMABAD:
The government’s legal wizard on Friday maneuvered to get a third adjournment in the NRO implementation case.
A five-judge bench of the apex court – headed by Justice Asif Saeed Khosa – had given the government until Friday (October 5) to write to the Swiss authorities asking them to reopen dormant graft cases against President Asif Ali Zardari.
However, Law Minister Farooq H Naek successfully lured the bench into exercising judicial restraint in the name of “national interest”.
Farooq Naek, a confidante of President Zardari, is aware of the status of the cases the apex court seeks to revive through its 2009 ruling on the defunct National Reconciliation Ordinance (NRO). Naek had been pursuing the cases in Swiss courts for a long time after 1997.
Before handing a third draft of the Swiss letter to the judges on Friday, Naek lectured them on the sensitivity of the case, citing “national interest”.
The bench was convinced of the changes in the first two paragraphs of the revised letter; however, it expressed concern at the last paragraph, saying that it contradicted the first two paragraphs. Contents of the letter have not been disclosed to the media.
Naek showed up to argue the case even though he was running a fever. He offered to discuss the draft of the letter with the judges in-camera. He requested a 15-minute audience with the judges in the chamber to apprise them of certain aspects of the draft.
Although the bench was hesitant about granting Naek a third opportunity to discuss the issue behind closed doors, the “national interest” mantra worked and the law minister was allowed an in-camera hearing to find out the judges’ reservations about the draft.
Justice Khosa remarked that while they were reluctant to meet in the chamber, since the issue was close to being resolved, they allowed Naek another chance. It would be dangerous to discuss the letter in the open court due to the sensitivity of the matter, he added.
After the meeting with Naek, the bench handed down a short order. “We are a few inches away from a perfect solution which upholds the dignity of courts,” announced Justice Khosa as the bench granted a five-day reprieve to Prime Minister Raja Pervaiz Ashraf for redrafting the letter.
At this stage, Naek told the bench clearly that while he would do his best in this regard, he was not making any commitment – indicating a possible tussle over the draft between the judiciary and the executive in the future.
The bench accepted his request that the government be given till October 10 to revise the draft. “In the larger interest of justice and for a proper resolution of the long-standing issue, let the hearing be adjourned till October 10 as requested by the law minister,” read the order.
Naek’s media talk
Speaking to journalists outside the court, Naek said the case was related to democracy and the incumbent government has made sacrifices for the restoration of democracy in the country.
“Our President Asif Ali Zardari stayed away from his children and his wife,” Naek said, adding that he (Zardari) was not convicted in even one case. “Who will bring back those 12 years when he could not meet his children?”
Published in The Express Tribune, October 6th, 2012.
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The letter-writing process consists of four steps: Prior to this a PM would be appointed with the SC approval, preferably from another party who has taken oath under PCO not Pakistani constitution. Step 1: An authorization letter will be issued to the law minister (appointed and approved by the SC) tasking him to write the letter. Step 2: The draft of the letter will be cleared by the Supreme Court after a review. This may take several years and many extensions. As the record shows we could not decide a single case against Zardari even in 15 years while keeping him in jail. Step 3: The mode of sending the letter will be decided – either by a special messenger or by courier. In either case they should be the member of a rightwing or a banned party. Step 4: A receipt will be submitted to the Supreme Court confirming that the letter has been sent to the Swiss authorities in Geneva. During all this time all the judges of SC would not decide any other case including Prince Arsalan or other public interest. During all these proceedings the SC would remain neutral and independent and provide swift justice keeping up with the bright history of this PCO SC.
Disappointment for many, including major section of our press, on the top.
Excellent coverage on the subject for some one who does not know the background of the case. In all fairness the law of the land should be followed and applied regardless of who the person is; this way nation makes progress and the wrong doer and the violiters of law knows the long arm of law will eventually catch them.
This whole thing is delaying tactics, next time the Supreme Court of Pakistan should bring in the PM and charge him with contempt of court, it is as simple as that, if they are negating the court's orders by willfully delaying it with one pretext or other, then the court has to stand up and take a decision righ away and be lesson to others for their future shenanigans.