NRO case: SC blames govt for delay in reopening graft cases

Attorney general tells court that inquiry committee found former law secretary Yasmeen Abbsey responsible for delay.

ISLAMABAD:

The Supreme Court blamed the government for the delay in reopening dormant graft cases against former president Asif Ali Zardari despite the court ruling in the National Reconciliation Ordinance (NRO) case.

In April 2010, Swiss attorney general Daniel Zappelli stated that since Zardari enjoyed presidential immunity under international law, Swiss courts could not entertain any request to reopen the graft cases against him.

Attorney General Muneer A Malik told the court on Friday that the Swiss cases were closed on February 4 this year after a legal deadline set by the Swiss authorities expired.



Responding to an appeal filed by the federal government earlier this year; the Swiss authorities reiterated their stance saying that the time to re-open the cases worth $60 million had passed.

In response, Chief Justice Iftikhar Muhammad Chaudhry remarked that had the government wanted to recover the laundered money it would have filed an appeal to re-open the cases. Commenting on the government’s inability to implement the court orders Justice Chaudhry said the government was forced to bring the case back to the court.

Heading a three-judge bench, Justice Chaudhry told the attorney general that after the court ruling, it was the government’s responsibility to take action against the official who caused the delay.

To this, Malik said that according to the inquiry committee, formed to determine the cause of delay, former law secretary Yasmeen Abbsey was held responsible. He added that since Abbsey had written a second letter to the Swiss authorities, defying the apex court’s orders, action should be taken against her.



The federal government had earlier formed a committee headed by the then secretary establishment Sami Saeed to investigate the issue of the second letter sent by the then law secretary to Swiss authorities against the Supreme Court’s earlier letter regarding reopening of cases.

The chief justice then questioned the attorney general why the government had formed the inquiry committee if it was unwilling to take action against the person found responsible.

“We don’t know why the government has shown weakness and is not willing to take any action in a case which has done colossal damage to the national exchequer,” Justice Chaudhry observed on Friday.

Responding to the bench’s queries regarding the loss incurred due to the closure of the graft cases, the attorney general stated that it could have been established had the money been recovered.

In the course of hearing the chief justice told Attorney General Malik that Abbasey worked for the government and it should initiate an inquiry against her. “We fail to understand why your government is acting weak and is still pinning hopes on the court to take action,” Justice Chaudhry remarked.

The attorney general told the court that he will brief the court after instructions from the government. The case has been adjourned till November 20.

Published in The Express Tribune, November 9^th, 2013.