Government seeks review of NRO verdict

ISLAMABAD: In an interesting move fraught with legal and judicio-political implications, the federal government on Saturday filed a petition in the Supreme Court, praying for reviewing its December 16, 2009, judgment declaring the National Reconciliation Ordinance NRO as violative of various provisions of the Constitution.
Filed through advocate Masood Ahmed Chishti, the government prayed to the court to review the verdict regarding Swiss accounts and re-opening of cases under the NRO.
The government contended that the apex court has made a “mistake” in its short order while ruling that convictions in absentia still hold the field bearing in mind its own judgment in an earlier case and settled legal position in Pakistan vis-a-vis the CrPC that an accused cannot be convicted in absentia.
“The apex court failed to consider the doctrine of past and closed transactions when passing the short order,” the government’s petition said.
The Supreme Court on December 16, 2009, in its landmark judgment, declared the NRO to be an instrument void ab initio, being ultra vires and violative of various provisions of the Constitution, including Articles 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227.
After thrashing the NRO, the Supreme Court had ruled that all those cases which were abolished under the ordinance stood revived and further ruled that the initial requests for mutual legal assistance, securing the status of a civil party and the claims lodged to the allegedly laundered money lying in foreign countries, including Switzerland, are declared never to have been withdrawn.
The government further contended that the apex court also made a “mistake” while ruling in its short order on the NRO that it had the power to issue directions or orders to the federal government to review requests, claims, and status of cases outside Pakistan while the fact is that such powers and decision fall within the exclusive purview of the executive.
It was further argued that the apex court also made a “mistake” in holding that the then attorney general needed to show to the apex court an order or authority to address communications to various authorities, courts and foreign countries, including Switzerland.
“This honourable court did not fully appreciate that on the same logic the original request by the then attorney general in the year 1997 addressed to the Swiss authorities to institute proceedings was without lawful authority and of no legal effect,” the government contended.
The review petition further contended that the apex court also erred in holding that NAB functionaries should transmit periodical reports of the actions, taken by them to the monitoring cell of the apex court unless this only referred to reports concerning the progress of the judicial proceedings, initiated by NAB as opposed to its investigative and other functions as under the Pakistan common law system, the judiciary is not a part of investigative phase of any accusation.
It prayed that the apex court’s short judgment of December 16, 2009, given in the petition, challenging the NRO be reviewed in the interest of justice.

(The News: 17 Jan 2010)