Supreme Court’s Lopsided Decision Against NRO: Double Standards, Justice Chaudhry?

ISLAMABAD, Dec 16 (APP): A larger bench of Supreme Court here Wednesday declared NRO as null and void as it violated various constitutional provisions as a law void ab-initio.The

short order read by CJ Iftikhar Muhammad Chaudhry said that all the cases withdrawn under NRO would stand to the pre-October 2007 position. Similarly, all the cases withdrawn under section 31-A would also be revised.

The Federal Government was directed to proceed against the then Attorney General Malik Abdul Qayum for withdrawing cases outside the country in unauthorized and illegal manner.

The government was also directed to make fresh appointments on Chairman NAB and Prosecutor General NAB posts. However, the incumbents were allowed to function till fresh appointments. The Monitoring Cell would be set up as Supreme Court and all the High Courts would monitor progress on these cases.

Secretary Ministry of Law is directed to increase the number of accountability courts to expedite the process, the Chief Justice said.

He said that petitions against NRO were allowed and disposed of accordingly.

Partial Justice with Partial Implications: Accountability of Politicians, Amnesty to GHQ?

Shaheed Benazir Bhutto’s Reaction to the Double Standards of the Supreme Court of Pakistan

Some reflections:

1. The democracy haters (e.g., Dr Shahid Masood, Shaheen Sehbai, Mullah Media Alliance, Taliban etc) are disappointed because the honourable court did not object to the constitutional indemnity of the President of Pakistan Asif Ali Zardari.

2. The best course for the ex-beneficiaries of the NRO is to face their cases in the court/s, however, they do not need to resign from their positions or ministries because most of the alleged cases of corruption against them were based on political victimization, forged evidence and forced admissions (instituted by the likes of Saif-ur-Rehman, Farooq Leghari and the ISI officials). According to the Supreme Court’s verdict, the incumbents have been allowed to function till fresh appointments.  Politically motivated charges of corruption do not tantamount to conviction.

3. According to Barrister Aitzaz Ahsan and retired Justice Tariq Mehmood, most of the cases against the NRO beneficiaries were decided in absentia (based on political victimisation); there is therefore a very good chance that any existing convictions will be undone in a review petition.

According to Aitzaz Ahsan:

– Zardari has constitutional immunity because he is ‘President’
– The Swiss case cannot be re-opened because Zardari is ‘President’ and international law will not allow it.
– Aitzaz insisted he will continue to support Zardari
– He insisted that President Zardari must stay in office till he completes his term

4. While the Supreme Court of Pakistan declared the NRO null and void and instructed legal proceedings against the then Attorney General Malik Qayyum, the Supreme Court took extreme care in not uttering a single word against the then military dictator General Prevez Musharraf, nor any instructions to initiate legal proceedings against General Musharraf were given. It may be noted that General Kayani, the present COAS, was a partner in the negotiations between PPP and the military dictator which resulted in the NRO and also General Musharraf’s retirement from the military.

Will the Supreme Court of Pakistan now take up cases against the ISI and Pakistan Army (involving the illegal dispersion of money to Nawaz Sharif, Qazi Hussain Ahmed etc – Asghar Khan case)?

Khamosh kyun hain aaj kal az khud sama’atain?
Az khud bata rahay hain lutairay hikayatain

(Mahmood Sham’s poem on Brigadier Imtiaz’s and General Hameed Gul’s confessing statements)

Will the Court also take take up submarine deal case and punish elements of establishment and GHQ which made millions of dollars and are also allegedly involved in jihadi factories which have ultimately resulted in suicide bombing in every city and town of the land of the pure?

5. In the end, we congratulate President Asif Zardari and the PPP government for being impartial during the whole episode. It was not too long ago when PML-N workers stormed and attacked the Supreme Court of Pakistan to prevent a non-favourable ruling against Nawaz Sharif. This is a lesson to all political parties of Pakistan.

REACTION:Govt respects SC verdict on NRO: Babar

Updated at: 2225 PST, Wednesday, December 16, 2009

ISLAMABAD: Responding to the Supreme Court’s verdict about National Reconciliation Ordinance (NRO), the President’s spokesman Farhatullah Babar said that the government accepts the court and its verdict.

Speaking to newsmen outside the SC building here, he said that President Zardari enjoys the constitutional protection under Article 242. He said PPP leadership is not afraid of the verdict.

He said the resignation of the president was out of question.

Earlier, the Supreme Court, in its short verdict, declared the NRO as unconstitutional and illegal.

Aitzaz says president enjoys immunity

LAHORE: Senior PPP leader Barrister Aitzaz Ahsan has said that President Asif Ali Zardari enjoys constitutional immunity under Article 248(2) and cannot be summoned by courts till the end of his term in office.


Article 248 of the Constitution

248. Protection to President, Governor, Minister, etc.
(1) The President, a Governor, the Prime Minister, a Federal Minister, a Minister of State, the Chief Minister and a Provincial Minister shall not he answerable to any court for the exercise of powers and performance of functions of their respective offices or for any act done or purported to be done in the exercise of those powers and performance of those functions:
Provided that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Federation or a Province.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
(3) No process for the arrest or imprisonment of the President or a Governor shall issue from any court during his term of office.
(4) No civil proceedings in which relief is claimed against the President or a Governor shall be instituted during his term of office in respect of anything done by or not done by him in his personal capacity whether before or after he enters upon his office unless, at least sixty days before the proceedings are instituted, notice in writing has been delivered to him, or sent to him in the manner prescribed by law, stating the nature of the proceedings, the cause of action, the name, description and place of residence of the party by whom the proceedings are to be instituted and the relief which the party claims.

Charge-sheet against Chief Justice Iftikhar Muhammad Chaudhry and some of his fellow judges in the Supreme Court
By Shaheryar Ali

The Independent Judiciary

The glorious Judge is restored, judiciary has become independent!! Really?

A. The Independent and restored judiciary dismissed the petitions of the Communist Party of Pakistan, Qazi Hussein Ahmad and Imran Khan on technical grounds, allowing General Pervez Musharraf to contest the presidential election in uniform. [But who care, judge is restored]

B. Nawaz Sharif was dragged and sent back to Saudi Arabia against courts order, our glorious judge takes action on road blocks in Islamabad, Khawaja Asif is running with contempt of court petition in hands, it takes weeks n weeks till the glorious judge is dismissed again

C. The glorious Chief justice declared the written and sealed deals of Punjabi politicians Sharif brothers unconstitutional, both of whom are convicted criminals allowing them to return, on the same time not activating their sentences. But glorious chief justice passed stay order against the NRO in 2007 by which the cases which state of Pakistan failed to get conviction in any court of the world in 10 years, and for which ‘evil’ Sindhi Zardari served the due time in jail [if convicted] were withdrawn accepting their political nature.

The Public Interest Litigation, the Civil Rights Jihad:

“Our glorious chief justice took notices causing a civil right revolution in Pakistan”

1. Did the glorious chief justice revise and nullifiy Molvi Tameez uddin case which is back bone legal precedent of almost all unconstitutional acts in Pakistan. No

2. Did the glorious chief justice revised and nullified Begum Nusrat Bhutto case. No

3. Did the glorious chief justice revised and nullified Zaffarullah shah case . No

4. Did the glorious chief justice revised and nullified The Lawyers Forum case. No

5. Did the glorious chief justice revised and nullified The Hudood Laws which are discriminatory and unconstitutional. No

6. Did the glorious chief justice revised and nullified Law of evidence by which woman’s evidence is considered half of that of a man. No

7. Did the glorious CJ nullified the Anti Ahmedi laws which are one of the most draconian laws that ever existed any where.? No

8. Did the glorious CJ lifted the unconstitutional ban on student unions esp since his restoration owed a lot to “lawyers unions”. No

9. Did he lift ban on trade unions. No

10. Did he take notice of murder of Nawab Akbar Bugti. No

11. Did he take notice of the Baluchistan operation. No

12. Did he take notice of murder of 170 PPP workers and allowed PPP to launch the FIR. No

13. Did he remove laws against homosexuals and gay people. No

14. Did he pay any heed to the long-pending Asghar Khan case against the ISI and the military Generals? No

But he took notices of individual cases. Which usually Supreme Court should not, it should make legal civil rights moves to change system like in the USA. But who cares

Its very bad to take back “corruption” cases [which were never convicted and Zardari actually served the legal time if was convicted] but what about the high treason cases against judges which were never filed. What about the convictions and sentences of Punjabi Sharifs. Who will file the corruptions charges against General Zia and Jamate Islami?? The Afghan Jihad? Who will look into the empires of General Hameed Gul and General Abdul Rehman? Is only PPP is to be persecuted? its one chairman hanged, second stunned, third shot, and now 4th be hanged? 8 years of prison is not enough so will he be hanged too? but why only PPP’s politician have to be held accountable? NRO is bad ? But what bout the “un-sung NROs”?? The high treason to corruption to murder charges that never were filed in first place?

Re-throne Iftikhar ch and Hang zardari, and sing all Faiz and Jalib on Geo, it will be the same , thats the bitter truth———

Shaheryar Ali

What do ordinary Pakistani citizens say?
Some comments:
(various sources,, pkpolitics etc)

Umer said:

Another political judgement.The Supreme Court,first of all,should have looked into the legality or otherwise of the cases before re-opening them.Most of these case were one-sided and based on political vendetta.

Asfandyar said:
it was a good judgement but the court proceeding were political motivated , the court had to decide whether NRO is against human rights or not,but the most of the discussion and Q&A from judges revolve around particular cases and NAB reports.
its a clear case of political victimization.

Rajiv said:
Do you think the decision will create instability as claimed by the government?


Do you think this move will serve to discourage corruption?


How will this decision impact the political and security situation in Pakistan?

More intrigue and instability.

Do you think that politicians and bureaucrats accused of corruption will now be held accountable?


Do you think that the debate regarding NRO focuses too much on politicians and less on accountability measures?

Its a useless debate. Coruption is everywhete in Pakistan. Army, Muslim League, PPP. So this is just politically motivated anti-corruption drive.

Mahzaib Aziz said:
I simply cannot understand why is this the “main” issue within the media circles, these cases have been in courts for years, none of them was proved, perhaps the judiciary has “transformed for the better (which i somewhat disagree with)” but i don’t see an unbiased decision coming up very soon, in fact this thing may turn on its head, don’t be surprised if these same courts vindicate NRO beneficiaries(at least the top lot) ..

bsobaid said:
I must congratulate PPP government for being impartial during the whole episode.

It was’nt too far ago when N-League workers stormed and attacked government to prevent a non-favourable ruling.

This is a lesson to all political parties of PAkistan.

gayan said:
This Decision makes no sense to me…..Supreme Court wasted two precious weeks of the people of Pakistan.

They should have declared it Null & Void within one day of the proceedings…..

SO what did you get guys out of this…..Nothing…..

Zardari is the president of Islamic Republic of Pakistan and you can’t do anything about it.

The cases will go back to courts so if any of you zardari hater has any proof of his corruption; it is ur duty to give it courts. But hang on, u guys have no idea, u just follow propaganda and personal hatred…..sad…. pathetic….

The only way you will get rid of him is through political means. So get real. Support your candidate in the next election. Be democratic, use ur mind, don’t play in the hands of military and media propagandas.

mir munsif said:
This is historical decision as expected but This is neither against Govt nor against AZ,because I think Neither PPP led Govt not AZ ever opposed this decision in SC.PM and President said that they will honour the verdict.Now cases are open,PPP never shy away from state sponsored manipulated cses against PPP leadership and workers,Now as per SC verdict Cases are open,but for you info ” Cases against PPP leadership are NEVER proved any court of Law,so one can allege them but cant call them CONVICTED”.Any one can be alleged,but conviction is important.Since PPP has always suffered at the hands of Establishment forces,and always come back in power with support of PPP.If you like it or not,even in the presence of this NRO,ppl voted for PPP in most of provinces.Even after the annulation of NRO,ppl will elect PPP inspite of Establishment sponsored Propaganda or policies.Finally,I think,as per constitution,PPP led Govt has legtimate right to govern the state for given period,any effort to dislodge PPP will neither bring good for democracy nor for state as whole.We may not like face of AZ but we have to respect his mandate.

c hussain said:

… the people who benfited from NRO were accused and not convicted. So until they are convic ted in a court of law they are presumed to be innocent. That what the Pakistan law states and that is what the consitution states. To let the accused off the hook by a law like NRO is no doubt a crime but that does not mean they have commited a crime also – until they have exhausted all the avenues open to seek justice for the accusations that have been made against them. So the Court in no way could declare NRO beneficiaries as convicted – it could only open up the cases so that the law can take its due course which now it will. Thats why it ordered for Swiss cases to be opened up but that does not mean that Zardari has been convicted of any crime.

Bawa said:

جناب شاید آپکو معلوم نہیں یا پھر جان بوجھکر انجان بن رہے ہیں. جنرل اشفاق پرویز کیانی وہ شخصییت ہیں جو اس این ار او میں دلال کا کردار ادا کر رہے تھے. وہ اسوقت آئی ایس آئی کے سربراہ تھے. انکا این آر او میں ایک خاص مفاد تھا کیونکہ اس این آر او کی تکمیل کے نتیجے میں جنرل پرویز مشرف کی وردی اترنا تھی اور جنرل کیانی کو آرمی چیف بننا تھا. دوسرے لفظوں میں یوں بھی کہا جا سکتا ہے کہ وہ بھی این آر او کے تحت فائدہ اٹھانے والوں میں شامل تھے. سادہ الفاظ میں کہہ لیں کہ زرداری اینڈ کمپنی نے حرام کھایا ہے جبکہ مشرف، کیانی اینڈ کمپنی نے حرام کھلوایا ہے. حرام کھانے والے اور حرام کھلوانے والے

. اب وقت آگیا ہے کہ غلط کو غلط اور صحیح کو صیحیح کہا جائے. کیا کیانی کے عہدے کا حلف اسکو این آر او کا حصہ بننے کی اجازت دیتا تھا؟ کیا کیانی نہیں جانتا تھا کہ بینظر اور زرداری کے سوئس اکآونٹس کی حقیقت کیا ہے؟ کیا کیانی نہیں جاتا تھا کہ مشرف کو وردی سمیت یا بغیر وردی صدر بنوانا غیر آئینی ہے؟

حقیقت یہ ہے کہ کیانی بھی مشرف کے گناونے جرایم میں برابر کے شریک ہیں. انکو بھی قانون کے شکنجے میں لانا وقت کی اہم ضرورت ہے

gayan said:

Bawa is correct …this is a clear violation of his oath…he must be brought to justice…….

Chief justice should brought all thos involved in this act. Zaradri is the least responsible.

MQM killed 52 people in karachi on the order of chief of army staff…where is the justice for those people??????????

u can jump up and down on this verdict but it has no value and absoultely no effect. Even a Maja and Gama knew this is will be the outcome.

As far as zardari is concern…nothing will happen to him bcs he heads political party….

hasankhan said:
oh my God how supreme court ask to send swiss cases back for reopen,dont they know asif zerdari is the president of pakistan.this time these cases will not be open against zerdari but against the president of pakistan.if the verdect comes against,zerdari wont be defamed but the president and the whole nation would be defamed.apni hi jag hansai kuro,wah wah wah,,,,,,,,,,,,,,,,kia faisla hai.



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