ISLAMABAD: The Supreme Court on Tuesday refused to entertain the federations reply on the NRO implementation case. According to it, the only remedy available to the federation is to file a review under Order XXVI of SC Rules 1980, if it so desired.
In its reply, the government had refused to comply with Supreme Court's order, arguing that the Prime Minister was not authorised to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari without the advice of the federal cabinet.
The federation through Attorney General for Pakistan (AGP) Irfan Qadir, urged the apex court to recall its subsequent orders, passed on June 26 and July 12, 2012. Through those orders, the Prime Minister was directed to implement para 178 of the NRO judgment.
A five-judge larger bench of Justice Asif Saeed Khan Khosa will be taking up NRO judgment implementation case on Wednesday (today).
On Tuesday, the federation pleaded that the subsequent orders of the apex court on June 26 and July 12, 2012 were not in accordance with law, rules, Constitution of Pakistan and without jurisdiction which required reconsideration/hearing of the case for the purpose of rendering justice.
The federation contended that the incumbent Prime Minister had not received any advice relating to the implementation of para 178 of the NRO judgment from the Cabinet. Therefore, he is not obliged constitutionally to implement the order of the court, according to the federation. The federation in its reply also stated that the Prime Minister could only comply with the court orders on NRO judgment�s para 178 if he was duly advised by the federal cabinet to write a letter to Swiss authorities.
The federation further stated that the implementation of para 178 of the NRO judgment was therefore one of the collective responsibilities of the federal cabinet under Rule 6 of the Rules of Business and Clause 6 of Article 91 of the Constitution.
The Prime Minister cannot comply with para 178 except on the advice of the cabinet, which is mandatorily required to be referred to the cabinet for discussion/or advice under Rule 16, the federation argued.
The resultant effect of the said orders is tantamount to a clear-cut violation of Article 248(2) of the Constitution and the PM by virtue of his oath is bound to preserve and protect the Constitution, the federation contended.
The federation submitted that there was no occasion for the seven-member bench of the SC to summon the former PM Syed Yousuf Raza Gilani thrice and termed it a complete disregard of the Constitution and the law.
The PM cannot be asked by the Court for implementation of its un-implementable direction in NRO case,the federation concluded.
In its reply, the government had refused to comply with Supreme Court's order, arguing that the Prime Minister was not authorised to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari without the advice of the federal cabinet.
The federation through Attorney General for Pakistan (AGP) Irfan Qadir, urged the apex court to recall its subsequent orders, passed on June 26 and July 12, 2012. Through those orders, the Prime Minister was directed to implement para 178 of the NRO judgment.
A five-judge larger bench of Justice Asif Saeed Khan Khosa will be taking up NRO judgment implementation case on Wednesday (today).
On Tuesday, the federation pleaded that the subsequent orders of the apex court on June 26 and July 12, 2012 were not in accordance with law, rules, Constitution of Pakistan and without jurisdiction which required reconsideration/hearing of the case for the purpose of rendering justice.
The federation contended that the incumbent Prime Minister had not received any advice relating to the implementation of para 178 of the NRO judgment from the Cabinet. Therefore, he is not obliged constitutionally to implement the order of the court, according to the federation. The federation in its reply also stated that the Prime Minister could only comply with the court orders on NRO judgment�s para 178 if he was duly advised by the federal cabinet to write a letter to Swiss authorities.
The federation further stated that the implementation of para 178 of the NRO judgment was therefore one of the collective responsibilities of the federal cabinet under Rule 6 of the Rules of Business and Clause 6 of Article 91 of the Constitution.
The Prime Minister cannot comply with para 178 except on the advice of the cabinet, which is mandatorily required to be referred to the cabinet for discussion/or advice under Rule 16, the federation argued.
The resultant effect of the said orders is tantamount to a clear-cut violation of Article 248(2) of the Constitution and the PM by virtue of his oath is bound to preserve and protect the Constitution, the federation contended.
The federation submitted that there was no occasion for the seven-member bench of the SC to summon the former PM Syed Yousuf Raza Gilani thrice and termed it a complete disregard of the Constitution and the law.
The PM cannot be asked by the Court for implementation of its un-implementable direction in NRO case,the federation concluded.
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