A three-member larger bench of the apex court comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Pervez and Justice Ghulam Rabbani was hearing a suo motu case against non-implementation of its order of December 16, 2009, declaring NRO as ultra vires of the Constitution.
“We have to ensure that judgments of the apex court are being implemented in letter and spirit,” the chief justice told Law Secretary Masood Chisti after directing him to move a summary to the prime minister for re-opening of Swiss cases.
The Law Secretary, however, repeatedly sought some time from the court. “Why do you want an unpleasant situation…you must send the summary to the prime minister by tomorrow,” the CJP told the law secretary who again requested the court to give him some time as he wants to consult Kamal Azfar, counsel for the federation.
“You are the law secretary and you don’t need to consult anyone,” the CJP told Chishti, adding that he would have respect if he respects the court’s decisions
Justice Tariq Pevez observed that they are concerned as to why the court’s verdicts are not implemented in letter and spirit and why a summary regarding reopening of Swiss cases has been delayed with lame excuses.
Meanwhile the court directed the law secretary to ensure moving of summary to the prime minister for re-opening of Swiss cases by September 24.
Earlier during the course of the proceedings, the court expressed grave concern over the non-implementation of its verdict on NRO.
The court asked Attorney General Maulvi Anwarul Haq about the government move for moving summary regarding the Swiss cases.
The court directed the AG to read out the order of court of June 11 and July 5, 2010 which the AG did.
You should play your role in implementing the court’s order as we feel uncomfortable by asking repeatedly for implementing our order, the CJP told the AG.
Justice Tariq Pervez observed: “Not only NRO, but other judgments of the court too were not being implemented in letter and spirit.” The law secretary has violated the decision of the five-member larger bench of the apex court, he added.
The Attorney General, however, replied that as the government has also filed a review petition on NRO therefore we must be given some time in this regard. At this the chief justice said that the court has not yet given any stay order on the verdict.
During the course of the hearing, Deputy Prosecutor General Raja Aamir Abbas lodged a complaint, stating that Acting Chairman NAB Qazi Javed Zia deprived him of all the record of Adnan Khwaja therefore he could not appear before the court in that case. At this the chief justice expressed annoyance and inquired as to who gave permission to the acting chairman NAB to do so.
He observed that Acting Chairman NAB Qazi Javed Zia was performing illegally and he should be summoned to the court.
A five-member larger bench of the apex court headed by Justice Nasir ul Mulk had on June 11 directed the ministry of law to draft a new summary for opening the money laundering and Swiss cases after expressing dissatisfaction over the report submitted by the ministry.
Published in The Express Tribune, September 22nd, 2010.
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