KHUDAYAR MOHLA
ISLAMABAD: The Sup-reme Court on Wednesday gave the government two more weeks to write a letter to Swiss authorities to revive graft cases against President Asif Ali Zardari.
A five-member bench, led by Justice Asif Saeed Khan Khosa and also comprising Justice Ejaz Afzal, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Athar Saeed resumed the hearing of the NRO judgment implementation case.
During the course of hearing, Attorney General for Pakistan (AGP) Irfan Qadir assured the court that serious efforts would be made to resolve the ongoing crisis. The court had issued directives to the Prime Minister on July 12 to comply with the court�s order in relation to NRO judgment implementation by July 25.
Through the AGP, the federation contended in its reply on July 24, 2012, that the incumbent Prime Minister could comply with the court orders on NRO Judgment para 178 only if he was advised by the federal cabinet to write the letter to Swiss authorities.
The bench in its short order ruled that we trust that to bridge the gap between the two institutions is not impossible and we would like to bring about the solution to the pending issue by August 8, 2012
Earlier the AGP contended that no officer of the NAB was answerable to the Supreme Court, adding that the court should not take upon itself the responsibilities and functions of the executive and the legislature.
In my view every institution requires the same respect as does the judiciary, the AGP said and requested Justice Khosa to recuse himself from the present case.
Justice Khosa, however, observed that the court had taken a constitutional measure in its verdict while a politician was trained to make adjustments or compromises.
Your stance is that the President enjoys immunity under international law Asif Ali Zardari is also our President and we have great respect and honour for the office of the President, Justice Khosa said while addressing the AGP.
He also stated that if the AGP wanted the bench to write a letter to Swiss authorities stipulating immunity for the president then the bench would do so but only after a letter to Swiss authorities by the Prime Minister to reopen graft cases against the President had been written.
Justice Khosa further remarked that the judiciary did not want to derail the system, a person or an office but wanted the principal law officer to play his due role towards the resolution of the issue.
During the course of proceedings, NAB Prosecutor General KK Agha informed the court about the progress made in the cases of Adnan Khwaja, Malik Qayum and Ahmed Riaz Sheikh. Agha apprised the bench that investigation against the out-of-rules appointment of Adnan Khwaja as OGDCL chief had been completed and the matter was now in prosecution phase, adding that the NAB Board would further decide upon the matter in the next 2-3 weeks.
About Ahmed Riaz Sheikh, the bench was informed that a decision had been made to file references against three persons within three weeks after the conclusion of a probe. He further said that Malik Qayyum was under treatment abroad but he had been cooperating with the NAB in the investigation. Dr Abdul Basit, the counsel for Ahmed Riaz Sheikh and Adnan A Khawaja, contended that NAB had decided to file references against his clients but pleaded that the court should stop monitoring of his clients activities.
The bench adjourned hearing of the case till Aug 8.
ISLAMABAD: The Sup-reme Court on Wednesday gave the government two more weeks to write a letter to Swiss authorities to revive graft cases against President Asif Ali Zardari.
A five-member bench, led by Justice Asif Saeed Khan Khosa and also comprising Justice Ejaz Afzal, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Athar Saeed resumed the hearing of the NRO judgment implementation case.
During the course of hearing, Attorney General for Pakistan (AGP) Irfan Qadir assured the court that serious efforts would be made to resolve the ongoing crisis. The court had issued directives to the Prime Minister on July 12 to comply with the court�s order in relation to NRO judgment implementation by July 25.
Through the AGP, the federation contended in its reply on July 24, 2012, that the incumbent Prime Minister could comply with the court orders on NRO Judgment para 178 only if he was advised by the federal cabinet to write the letter to Swiss authorities.
The bench in its short order ruled that we trust that to bridge the gap between the two institutions is not impossible and we would like to bring about the solution to the pending issue by August 8, 2012
Earlier the AGP contended that no officer of the NAB was answerable to the Supreme Court, adding that the court should not take upon itself the responsibilities and functions of the executive and the legislature.
In my view every institution requires the same respect as does the judiciary, the AGP said and requested Justice Khosa to recuse himself from the present case.
Justice Khosa, however, observed that the court had taken a constitutional measure in its verdict while a politician was trained to make adjustments or compromises.
Your stance is that the President enjoys immunity under international law Asif Ali Zardari is also our President and we have great respect and honour for the office of the President, Justice Khosa said while addressing the AGP.
He also stated that if the AGP wanted the bench to write a letter to Swiss authorities stipulating immunity for the president then the bench would do so but only after a letter to Swiss authorities by the Prime Minister to reopen graft cases against the President had been written.
Justice Khosa further remarked that the judiciary did not want to derail the system, a person or an office but wanted the principal law officer to play his due role towards the resolution of the issue.
During the course of proceedings, NAB Prosecutor General KK Agha informed the court about the progress made in the cases of Adnan Khwaja, Malik Qayum and Ahmed Riaz Sheikh. Agha apprised the bench that investigation against the out-of-rules appointment of Adnan Khwaja as OGDCL chief had been completed and the matter was now in prosecution phase, adding that the NAB Board would further decide upon the matter in the next 2-3 weeks.
About Ahmed Riaz Sheikh, the bench was informed that a decision had been made to file references against three persons within three weeks after the conclusion of a probe. He further said that Malik Qayyum was under treatment abroad but he had been cooperating with the NAB in the investigation. Dr Abdul Basit, the counsel for Ahmed Riaz Sheikh and Adnan A Khawaja, contended that NAB had decided to file references against his clients but pleaded that the court should stop monitoring of his clients activities.
The bench adjourned hearing of the case till Aug 8.
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