SC to resume NRO hearing

Published February 27, 2008

ISLAMABAD, Feb 26: The Supreme Court will resume hearing on Wednesday on identical challenges against the National Reconciliation Ordinance (NRO) 2007 promulgated by President Pervez Musharraf on the demand of slain PPP chairperson Benazir Bhutto to provide amnesty to holders of public office charged in different corruption cases between 1986 and 1999.

A five-member bench comprising Chief Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Ijaz-ul-Hassan and Justice Chaudhry Ejaz Yousaf will take up five identical petitions against the NRO.

The NRO was promulgated on Oct 5 to give indemnity to Ms Bhutto in all cases registered against her by the Nawaz Sharif government.

At the last hearing on Feb 6, the government had told the court that the NRO was protected under the Provisional Constitution Order (PCO). “Ordinarily the life of an ordinance is only four months but under Article 5(1)(2) of the Nov 3, 2007 PCO, the NRO was protected,” Attorney General Malik Muhammad Qayyum had argued.

The petitions challenging the ordinance were filed by Jamaat-i-Islami chief Qazi Hussain Ahmed, PML-N president Shahbaz Sharif, retired bureaucrat Roedad Khan, Tariq Assad and Dr Mubashar Hasan under Article 184(3) of the Constitution.

A pre-PCO bench comprising deposed Chief Justice Iftikhar Mohammad Chaudhry, Justice Muhammad Nawaz Abbasi and Mian Shakirullah Jan had also heard the matter on Oct 12, 2007, and served notices on Attorney General Malik Qayyum, the National Accountability Bureau and the federal and provincial governments.

Though the bench had declined to stay the operation of the NRO, saying that ordinarily portions of the law were never suspended, it had made it clear that any action and benefit drawn or intended to be drawn by any of the public office holder should be subject to the decision on the petitions.

The petitioners had contended that the ordinance was against all norms of decency, rather a mockery of truth and reconciliation, and that under Article 45 of the Constitution, the president could only pardon or remit a sentence awarded by a court but he had no authority to suspend or give indemnity on pending cases.

Opinion

The risk of escalation

The risk of escalation

The silence of the US and some other Western countries over the raid on the Iranian consulate has only provided impunity to the Zionist state.

Editorial

Saudi FM’s visit
Updated 17 Apr, 2024

Saudi FM’s visit

The government of Shehbaz Sharif will have to manage a delicate balancing act with Pakistan’s traditional Saudi allies and its Iranian neighbours.
Dharna inquiry
17 Apr, 2024

Dharna inquiry

THE Supreme Court-sanctioned inquiry into the infamous Faizabad dharna of 2017 has turned out to be a damp squib. A...
Future energy
17 Apr, 2024

Future energy

PRIME MINISTER Shehbaz Sharif’s recent directive to the energy sector to curtail Pakistan’s staggering $27bn oil...
Tough talks
Updated 16 Apr, 2024

Tough talks

The key to unlocking fresh IMF funds lies in convincing the lender that Pakistan is now ready to undertake real reforms.
Caught unawares
Updated 16 Apr, 2024

Caught unawares

The government must prioritise the upgrading of infrastructure to withstand extreme weather.
Going off track
16 Apr, 2024

Going off track

LIKE many other state-owned enterprises in the country, Pakistan Railways is unable to deliver, while haemorrhaging...