NRO no more! SC gives its verdict! All cases revived!

[SSGPA1]

Here is the verdict from SCoP website:

http://www.supremecourt.gov.pk/web/user_files/File/Short order.pdf

It is a short decission (18 pages) and worth reading. Former AGP A. Qayum is in trouble because of this verdict.

 

[greatsequence]

Next will be Musharaf the NRO maker.. Hats off for CJ. I want this commando in adyala jail. One more thing which has emerged from the NRO is that everyone has forgotten about pml corruption. No one is talking about them. Hopefully some of pml cases also turn up in courts so that corruption scandals dont remain for a single party.

 

[SparklingCrescent]

Malik, other bigwigs face difficult situation


ISLAMABAD: As a result of the Supreme Court judgment scrapping the National Reconciliation Ordinance, Interior Minister Rehman Malik and a number of other bigwigs are likely to lose their posts because they had been convicted by accountability courts.

The apex court decision restores the pre-NRO situation and those who had been sentenced in cases withdrawn under the NRO would stand convicted.

Mr Malik is one of those who had been convicted for not appearing before the court in corruption cases in 2004. Now, legal experts said the interior minister would have to get bail from a court to retain his office.

Mr Malik was facing two cases in accountability courts – illegal gratification of Rs15 million and illegal detention of a complainant. Both cases were registered in 2004.

According to the National Accountability Bureau report submitted before the apex court, the minister was sentenced under section 31-A of the National Accountability Ordinance to three years’ rigorous imprisonment.

Talking to reporters here on Wednesday, Mr Malik vowed to resign from his office if corruption charges were proved against him. “I would prefer to be buried in Pakistan instead of escaping,” he said.

Some other beneficiaries of NRO would face a difficult situation. Included among them are former MNA Sardar Mansoor Khan Leghari, Murid Ahmed Baloch, Inamur Rehman Sehri, former MPA Mian Muhammad Rashid, former chairman of the NDFC Maula Bux, former MD of the Utility Stores Corporation Sadiq Ali Khan, former acting manager of the OGDC Raheel J. Qureshi and Nadeem Imtiaz.




he looks like an innocent guy.... cant believe it....

 

[ejaz007]

Zardari becomes an accused president
Thursday, December 17, 2009
$1.7 bn corruption cases revived; president can stay legally but not morally; worst case scenario for other beneficiaries
By Ansar Abbasi


ISLAMABAD: The Supreme Court’s landmark short order on the National Reconciliation Ordinance, (NRO) although not Asif Ali Zardari-specific, has reduced him into an accused president, whose assets stand frozen and all corruption cases involving $1.7 billion revived to haunt him as the situation was before October 2007.

Much worse is the scenario for Interior Minister Rehman Malik and several others, who immediately become absconders of the law as they were on and before October, 2007. Our interior minister is now prone to be arrested by the police. The judgment raises serious questions over his fitness to continue to be a federal minister as his election as senator becomes controversial because of the revival of his pre-October 5, 2007 standing before the court of law. If not declared convicted in absentia, he was a fugitive of law before his return to Pakistan after several years of self-exile. Was he eligible as a fugitive of law to become the member of parliament?

The apex court neither reflected on the president’s eligibility to become the head of the state nor disqualified him from his office. However, the judgment has really pushed Asif Ali Zardari against the wall as all his cases within Pakistan stand revived to the pre-NRO situation. Though he enjoys constitutional immunity and could not be tried in these revived criminal and corruption cases till the time he is sitting at the Presidency, there is no such protection available to him in the foreign cases that the apex court has directed the federal government to get revived too.

The short order did not discuss any of the NRO beneficiaries including the president but it did make him the accused president. Legally speaking President Zardari can stay at the Presidency because of the constitutional immunity but on moral ground he can’t. Already the demand for his resignation has been voiced and most importantly it comes from the PML-N.

While the Supreme Court has evolved a sound mechanism to monitor the implementation of its order vis-‡-vis the proceedings of the revived cases within Pakistan, in terms of the foreign cases the government has been ordered to take immediate steps to seek revival of these cases and their status.

While declaring the NRO void ab initio, the court regarding the foreign cases said: “Therefore, any actions taken or suffered under the said law are also non est in law and since the communications addressed by Malik Muhammad Qayyum to various foreign fora/authorities/courts withdrawing the requests earlier made by the Government of Pakistan for Mutual Legal Assistance; surrendering the status of Civil Party; abandoning the claims to the allegedly laundered moneys lying in foreign countries including Switzerland, have also been declared by us to be unauthorised and illegal communications and consequently of no legal effect, therefore, it is declared that the initial requests for Mutual Legal Assistance; securing the status of Civil Party and the claims lodged to the allegedly laundered moneys lying in foreign countries including Switzerland are declared never to have been withdrawn. Therefore the federal government and other concerned authorities are ordered to take immediate steps to seek revival of the said requests, claims and status.”

Following the apex court’s judgment, the Government of Pakistan would be writing to the foreign courts including Swiss to revive the corruption cases against the president of Pakistan. In the Swiss courts most of the cases, closed following NRO promulgation as a consequence of the request of the Government of Pakistan, were pertaining to the alleged corruption of President Asif Ali Zardari. It would be a unique precedent where a government would be writing to another government for the initiation of corruption cases against its own president.

Spokesman for the PPP and Presidency Farhatullah Babar has welcomed the Supreme Court’s judgment and assured to get it implemented. However, it is yet to be seen if the president would like to be called “accused president” or be summoned by a foreign court on any corruption case pursued by no one else but his own government.

Zardari becomes an accused president

 

[ejaz007]

PM pledges enforcement in letter and spirit
Thursday, December 17, 2009
By Muhammad Saleh Zaafir


ISLAMABAD: Prime Minister Syed Yousuf Raza Gilani will strictly adhere to the verdict of the Supreme Court in the case against the obnoxious National Reconciliation Ordinance (NRO) and action would be taken by the prime minister after careful consideration of the pros and cons of the situation as he feels the judgment has enhanced his responsibilities.

He is likely to seek summary explanation with regard to the position of the ministers and ministers of state who were the beneficiaries of the NRO. The action would be taken in the light of their explanation.

The prime minister had consultations with some eminent constitutional experts about the interpretation of the judgment. Some ‘jurists’ have advised the prime minister to wait till the time the apex court gives a full verdict in the cases, but Prime Minister Gilani has made up his mind to take action in accordance with the spirit of the judgment within 24 hours of its pronouncement.

The sources indicated that Prime Minister Gilani, who has already reduced the number of the federal ministries, would announce to shrink the size of the administration in a couple of days, but in the meanwhile he will announce major reshuffle in his cabinet before the end of the week.

The prime minister had an informal meeting with the president in the day on Wednesday. The details of their discussions could not be ascertained, but it is understood that the two have discussed the emerging political scenario in the country.

The prime minister will offer his careful reaction on the judgement today (Thursday) and in all probabilities he would welcome the verdict and ask the ministers and officials who got benefit from the NRO to rush to the courts for redress.

The sources said that Prime Minister Gilani was unruffled about the judgement as he does not want to rash about it, but he is contemplating take action firmly. Some worried federal ministers had meeting with the president immediate after the judgment and shared their anxiety with him. The president was visibly disturbed about the judgment and he declined to give his mind about the future course of action of the Presidential Palace.

The spokesman of President Farahatullah Babar has made it clear that the president would not step down since he enjoys the constitutional protection against any proceedings. Senior leaders of the ruling Pakistan People’s Party (PPP) will be meeting at the Presidency on Saturday next to have a brainstorming session about the Supreme Court’s judgement and evolve future strategy of the party. It is expected that prominent jurist and unimpeachable leader of the lawyer’s movement Barrister Aitazaz Ahsan is also being invited for the meeting. The ministers suffering from NRO quashing syndrome are advising their leadership to have fight for their stay in office since they are ‘elected’ people and masses are with them.

Federal Interior Minister Rehman Malik who met this scribe in the wedding of Haris Mahmood, son of federal Secretary Petroleum and Natural Resources Saleem Mahmood Saleem, Wednesday evening was upbeat and said in lighter vein that he would stay back and he would not run away in any way. “My leader is also determined to stay back and I have got no problem,” he said few minutes before the verdict.

Senator Jahangir Badar, Secretary General of the PPP, said on the occasion that he and his party have seen number of such round of events and he stands firm about his position. He looked bit down.

Imran Khan, Leader of the Opposition in the National Assembly Chaudhry Nisar Ali Khan, number of federal ministers, Chairman Federal Board of Revenue (FBR) Sohail Ahmad, federal Secretary Information and Broadcasting Mansoor Sohail and large number of elite turned up in the wedding and everyone was cursing the NRO and discussing its fate with reference to the verdict of the apex court.

PM pledges enforcement in letter and spirit

 

[ejaz007]

Experts differ over president’s immunity after SC verdict

ISLAMABAD: Legal experts on Wednesday differed over the president’s immunity following the Supreme Court’s verdict.

Justice (r) Fakharuddin G Ibrahim said President Asif Zardari enjoyed immunity under Article 248 of the constitution for the cases pending in the country’s courts. However, he maintained that Zardari enjoyed no immunity regarding his pending cases in Swiss courts. Ibrahim said presidents of US, India and France also enjoyed exemption from appearing before the courts.

On the other hand, former Supreme Court Bar Association president Aitzaz Ahsan told a private TV channel that Zardari enjoyed immunity under Article 248 of the constitution; therefore, he would not be affected by the decision. He said a sitting president could not be summoned in court and no action could be taken against him.

Justice (r) Wajiuddin said after the verdict it seemed that even if parliament did not remove Article 248 from the constitution, the pre-election disqualification of the president would still stand.

Justice (r) Tariq Mehmood opined that the president would have to appear before the court, as the judgement did not contain any reference to the indemnity.

Daily Times - Leading News Resource of Pakistan

 

[SMC]

Really waiting for the baraat of this thug. Pakistan would be much better off without this guy.

 

[Awesome]

I wonder if verdicts can still be given against the President without sentencing him jailtime.

You know order him to give up some of his cash.

 

[Awesome]

sure if there is a case of personal corruption against him

FYI - There is no case against Gen Musharraf for personal corruption so lets get back to my original comment:

Restoration of judiciary will completly pay off when the justice is delivered to all equally.

Do you believe that NS and Fazlo didnt do any corruption?

I hope that their cases are also open with the delivery of justice.

What do you think Saad about my original comment?

There has been no decision on punishing the NRO ordinance... It would be tricky to do so, he was the President and has the right to issue ordinances.

But if the NRO can be proven to be nothing but a bribe for the PPP to support him in the election then it may well be another corruption case.

Giving a bribe (that too from the national treasury) is as much corruption as is taking one.

 

[SparklingCrescent]

Really waiting for the baraat of this thug. Pakistan would be much better off without this guy.

msr. 10% right??

 

[SparklingCrescent]

im not an NRO expert but jus wondering, can any ISI agency members be convicted???

 

[Rank]

Geo News report like this:

CJ kay laraka tyaroon ka hamla hakomat-e-Pakistan par... Rehman malik aur baray terrorist halaak honay ka kadhshaaa. Ala hukaam kay mutabik Rehman malik tora bora ke paharyoon may chup gaye...

 

[PAFAce]

im not an NRO expert but jus wondering, can any ISI agency members be convicted???

If his/her name appears on the list, then they can be tried like any other Pakistani civil servant, but I am not aware of any ISI members on the beneficiaries list. Why would they need to be anyway? it's mostly politicians who were granted amnesty, most likely in return for support after the elections.

NRO has nothing to do with conviction. Read more about the NRO here:
National Reconciliation Ordinance - Wikipedia, the free encyclopedia

Of course, this is wikipedia. Beware of such sentences: "It granted amnesty to politicians, political workers and bureaucrats who were falsely accused of corruption, embezzlement, money-laundering, murder and terrorism"

Whoever wrote this is obviously a supporter of one of the beneficiaries. Whether the accusations are false or not is for anyone to decide but the Courts.

Edit
Sorry, forgot about Brig. Imtiaz. Yes, he can be tried as well. He can probably also be tried on charges of divulging information sensitive to national security and defence apparatus, but that's a separate issue.

 

[EjazR]

Congrats to the SC and democracy in Pakistan for quashing the NRO. I hope this will revive some faith in democratic governance as it was mainly because of the massive opposition in a parliamentary democracy and revulsion of common people that thsi was overturned despite being passed as an Ordinance.

 

[FlyingEagle]

Congrats to and
When there was a hard time for mushi and we thought that some one good will come at his place and we get worst than him. Now hope May Allah Almighty help us and send someone who can hold Pakistan and who love Pakistan.

all these bast... Time for some new one No Zardai, No Nawaz, No chdry........

Allah Almighty bless us on this Islamic new year. Happy Islamic New Year to All of you.

Regards,