Hearing of NRO cases

ISLAMABAD: The three member bench headed by the Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry will start the hearing of the five cases which have been reopened after the verdict of the Supreme Court of Pakistan declaring National Reconciliation Ordinance (NRO) unconstitutional.

Supreme Court would hear the appeal against the seven year imprisonment of Chaudhry Zahoor Hussain on December 21, 2009. The appeal against PPP leader Agha Siraj Durrani for sending back his cases from the NAB courts will be heard in Supreme Court on December 22, 2009. Supreme Court will hear the bail appeal of Adnan A Khawaja while the appeals of Baaz Mohammad and Mohammad Nazir would be heard on December 24, 2009.

NAB ISSUES SUMMONS TO MALIK, FAROOQUI, DURRANI

The National Accountability Bureau has issued notices/summons to Salman Farooqui, Usman Farooqui and the Federal Interior Minister Rehman Malik in Yellow Cap reference case on Friday after the Supreme Court’s verdict on the National Reconciliation Order as unconstitutional.

The deputy prosecutor general NAB has filed nine applications to Sindh High Court to reopen 52 cases. According to the NAB official there are 78 politicians, bureaucrats and technocrats are involved in such cases but initially 52 cases are being reopened so far. The involved men are including Rehman Malik, Sindh Local Government Minister Agha Siraj Durrani, Chaudhry Sharif and former Income Tax Commissioner, Ibrar.

Rehman Malik, Salman Farooqui and Usman Farooqui’s warrants have been issued in Yellow cap reference case.

?This is a legal issue not political one. All affectees have to face the court. The government is in trouble because most of the accused are in power. But there are several fake cases,? said Farookh Naseem, the law expert.

While talking to SAMAA he said that Rehman Malik has to face the cases personally. ?These warrants don?t mean that the accused would be arrested but they will have to appear before the court and to get bail then,? he added.

SC DECLARES NRO UNCONSTITUTIONAL

The Supreme Court of Pakistan has declared National Reconciliation Ordinance (NRO) unconstitutional.

Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry announced the verdict of 17 member larger bench of Supreme Court late Wednesday night.

The short verdict of the Supreme Court has declared NRO unconstitutional and all the cases which have been sidelined after NRO have been revived once again. The verdict stated that the NRO is against the interests of the country and withdrawing cases from Swiss courts was unconstitutional. The verdict said that former Attorney General Malik Qayum was not authorize to write letter to Swiss court, asking for withdrawal of cases. It asked the provincial governments and prosecutors to help courts in NRO cases.

Earlier, Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry said that the provisional decision regarding NRO petitions will be announced at 4:30 pm, after the completion of the hearing of the NRO petitions. However, it was announced after a delay of at least five-and-a half hours.

The larger bench of Supreme Court consisting of 17 members started hearing the petitions on NRO. Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry said to care taker Attorney General to produce the original file of the Swiss cases. The care taker Attorney General responded that the government has no availability of the original file of the Swiss cases. Justice Javed Iqbal made remarks on the reply of care taker Attorney General that this is not the time when the things are being hidden and not being produced before the courts as was done in the past. The principal secretary of Presidential House explained in the Supreme Court that there is no original file of Swiss cases in the Presidential House. Chief Justice said on the reply of principal secretary of Presidential House that if there is no original file of Swiss cases in the Presidential House then it means that Presidential House has given the unconstitutional instructions. The principal secretary of Presidential House Salman farooqi said that the file regarding the Swiss cases belongs to the personal section which is being dealt by military secretary. The man assisting the court Justice (retd) Allah Nawaz said that that NRO is immoral and it was brought to safe guards the thieves and robbers. Justic Ramday said in his remarks that 8000 people were given immunity from criminal cases. The man assisting the court Shaiq Usmani said that it was not the right way to give immunity to people involved in the criminal cases. SAMAA