Hearing adjourned

AG files plea, says PM needs more time to implement the NRO ruling.

ISLAMABAD: Despite submitting the signed summary of Prime Minster Yousaf Raza Gilani categorically defying the Supreme Court’s direction for reopening the Swiss cases against President Asif Ali Zardari, the federation on Monday sought more time for the implementation of the NRO judgment in letter and spirit.

Attorney-General Maulvi Anwarul Haq filed a petition on behalf of the government before a three-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, requesting adjournment of the petition till the adjudication of the federation’s review plea on the NRO judgment handed down by the SC on December 16, 2009, declaring the impugned ordinance ultra vires of the constitution.

“(The) prime minster had been very busy in connection with the affairs of the state and, inter alia, with the flood situation and international commitments, and wishes to further consider and discuss legal aspects of the matter,” the one-page petition reads.

While granting the request of the premier, Chief Justice Chaudhry adjourned the hearing till October 13 while also fixing the review petition of the federation against the NRO verdict for hearing on the same date.

Barrister Kamal Azfar had filed the review petition in July which the Supreme Court accepted for hearing after removing objections to it but the barrister later went on a foreign visit. He did not make a request to the court, either, for early hearing of the petition, so it could not be fixed for hearing till now.

Earlier, Deputy Prosecutor General NAB Raja Amir Abbas presented the list of 36 NRO beneficiaries before the bench carrying the names of Rehman Malik, Salman Farooqi, Aftab Ahmad Khan Sherpao, Haji Nawaz Khokhar, Ahmad Riaz Sheikh, Usman Farooqi, Pir Mukaram-ul-Haq, Begum Nusrat Bhutto, Habib-ulllah-Kundi and others.

He submitted that according to Section 15 of the NAB Ordinance, these convicted persons were automatically disqualified from holding any public office for a period of 10 years.

He informed the court that they have also asked the establishment division to identify some 240 government officials whose cases are pending before accountability courts.

Raja Aamir informed the court that they have asked the Capital Development Authority (CDA) to confiscate properties of the convicted persons. He placed on record a copy of the letter addressed by NAB to the CDA chairman.

The court also asked NAB deputy prosecutor-general about the details and progress in connection with the illegal duties performed by the acting chairman NAB. Raja Aamir, however, replied that DG HR and DG Operations of NAB were responsible as they have not replied so far.

The chief justice observed that for the last one year the court has been stressing the government for implementation of its order in letter and spirit.

The court also asked the attorney-general about the progress made for the appointment of a new NAB chairman. The AG replied that the process was under progress.

At this point the chief justice reminded him that during the hearing of the Bank of Punjab case, he had informed the court that it was but a matter of few days but months have passed and no progress has been made.

The chief justice also enquired about the cases pending in foreign courts. “After all properties belong to this nation,” the CJP pursued.

“What about former attorney-general Malik Qayyum? Have you proceeded against him for communicating to foreign countries to close the cases?” the CJP asked Attorney-General Maulvi Anwarul Haq.

“He is equally responsible for holding communication to the Swiss authorities,” the CJP said. The AG, however, replied that they have sent a reference against Malik Qayyum to the Pakistan Bar Council.

Justice Chaudhry further asked the AG about the movement of the money frozen in foreign banks. “What the FIA has done so far for nabbing those persons who were also claimant of that money? There were some persons whose trial was conducted,” the CJP asked the AG. “And what action was taken by the FIA against Malik Qayyum?” he pursued.

The FIA has told us that NAB has to take action against Malik Qayyum, the AG replied. Raja Aamir, Deputy Prosecutor-General NAB, however, informed the court that the law secretary had been asked to lodge a request to proceed against Malik Qayyum.

During the course of the hearing, Attorney-General Maulvi Anwarul Haq informed the court that as federation’s counsel Kamal Azfar is out of country, therefore, the matter for implementation of the court’s order on NRO be adjourned till the final decision of the federation’s review petition pending before the court.

The court asked the AG as to what could be the possible date for resuming the hearing of the review petition. The chief justice first mooted October 12 but hastily retracted the suggestion, saying “no October 12 was a bad day”. He then set October 13 as the date of hearing, until which time he adjourned the hearing.

Before the adjournment, the court directed NAB and the AG to submit province-wise details of all the cases which were pending against the people who profited from the NRO. They were also asked to submit a complete report pertaining to the Swiss accounts of President Asif Ali Zardari.

Published in The Express Tribune, September 28^th, 2010.