COMSATS

Institute of Information Technology Abbottabad

Assignment No: 4

Subject: Corporate Law

Topic: Conflict between Judicary & NRO

Submitted To: Mr. Majid Khalil

Submitted By: Zaka Ul Hassan (FA08-BBA-040)

Ammar Ashraf (FA08-BBA-039)
Ihtisham Khan (FA08-BBA-021)
Bisharat Rehman (FA08-BBA-113)

Date: 17/12/2010
Introduction About NRO:
NRO was being issued by Retd.General Pervez Musharraf,when he was working as
President and COAS (chief of Army staff) which in itself is an illegal. Pervez Musharraf
in his era issued NRO to lengthen his presidential tenure and was also under the pressure
of US and UK govt, so that Benazir Bhutto can return back to Pakistan without any
hurdle of law enforcement because so many cases were against her. When being asked
from Former President Musharraf about NRO he said all the major political parties of that
time i.e PML(Q) who is denying now and offcourse PPP the beneficiaries of billions of
Rupees through NRO were on board.

The Supreme Court Action against NRO:

NRO (National Reconciliation Ordinance) has been annulled by SC (supreme court) of
Pakistan on 16th December 2009, Supreme Court of Pakistan says NRO is conflicting
with so many clauses of constitution of Pakistan i.e conflicting with Articles 4, 8 , 25,
62(f), 63(i)(p), 89, 175 and 227 of the constitution of Pakistan.
Since now Supreme Court of Pakistan has annulled the NRO, the cases which were being
abolished with the help of this ordinance has been opened automatically in their
respective courts, in opinion’s now the priority of Courts should be to finalize these
pending cases as quickly as possible which would help in stabilizing the country and
situation, Pakistani’s hope that Justice will prevail in future and Judgments would be
made on basis of “RIGHT IS RIGHT”, instead of “MIGHT IS RIGHT”.

The great thing about democracy is that it gives every voter a chance to do
something stupid – Art Spander

the NRO action which Supreme Court has taken is nothing but a drama, Because there
was no NRO before October 2007 but corruption was there, Supreme Court was there
with hundreds of Pending cases, High Courts were there with thousands of pending cases
and Local Courts were there with millions of Pending cases and most importantly Iftikhar
Choudhry was also there as Chief Justice of Pakistan, so what’s new should expect after
this NRO being issued? Political analysts says NRO is paving the way for Mid-Term
election for other political parties especially PML (N).

The Democracy:
Current President and PM allowed NRO to being debated in the parliament as compared
to dictator Musharraf who just issued the ordinance with out taking parliament in
confidence, What can perceive it was establishment and Pervez Musharraf dirty future
politics which allowed him to issue this ordinance so that he can create issues in next
Govt.

The Dictatorship:
General Ashfaq Pervez Kiyani helped in reinstating iftikhar choudry when Nawaz Sharif
holds a long march on 16th March, 2007. GHQ issued a statement against Kerry-Lugar
bill and said the bill is against the National Security Policy of Pakistan, this act of Future
dictators help wins the heart of Pakistani’s because People of Pakistan were against kerry
Lugar bill as well, but nobody asked to GHQ where were they on National Security
matter when Pervez Musharraf allowed US to use Pakistani bases?

The Root Cause of NRO:

NRO came into existence because Judges and Judiciary were never able and ineligible to
solve cases in due time, all the cases against politicians which were being abolished in
NRO possess span of more than 5,10,15 years? do we really need that much time to solve
cases? if Judiciary was able to solve cases in due time, there wasn’t any need to issue
NRO? Since every body is enchanting judiciary is independent, free and fair, but to me
we have to wait and see in next six months and analyze how much pending cases they are
able to solve in next 6 months.

The Cunning Politics & Politician :

Nawaz Sharif who started as a small industrialist now worth more than 2 billion dollar
but recently he showed that in Pak bank accounts he possess only 40000 ruppess,
although it have seen by eyes his palace in Medina, Jeddah, also he invested in Steel
Mills of Saudi Arabia, he purchased one of the largest chain of Supermarkets in Saudi
Arabia as well.

Sky is the limit for Pakistan’s ruling elite

Ishaq Dar,s son,s wedding:

Ishaq Dar,s son,s wedding at Atlantis Palm Jameirah. Mr Dar later showed the 27,0000$
dollar bill of the banquet hall in a TV show, (remaining expenditure of the wedding will
remain undeclared modestly admitting, he goes, the expenditure is justified since it is his
declared earnings and that he’s a big donor as well, not mentioning even if he’s right; Is it
morally acceptable for a Govt representative of his stature to advocate such high-priced
lifestyle, when the economy here’s is barely surviving. What kind of ultimately
rewarding standards are they setting for their followers?
Moreover, wonder what really is the limit of spending from one’s declared property?
Especially for an office bearer. As corruption, and especially money laundering has been
proven Hilal by majority of our rulers! What next? A trip to the moon? So much for the
spoilt politicians and now their children.

Sharif’s Son Case:

Likewise, MP son of Sharif’s, the greatest flag bearers of simplicity, and who pay lesser
tax than public do, imported a Siberian leopard a while ago. The Leopard needed special
dietary requirements and a perfectly air-conditioned room round the clock, while the
industry here is dying an unnatural death because of unwarranted load shedding. Though
daddy Shahbaz disapproved it, yet such contemplation of a parliamentarian is beyond
mind.

Hypocrite mullahs:
Mullahs send their own children to the best institutes in the world but always, promote
and construct Madrassas here in Pakistan, of course, to keep a steady source of workers
and voters. Absolutely have no issue with their kids obtaining foreign qualification, but
the least they should do is advocate and toil for a unified curriculum in Pakistan.
Expenditures of PM:
The ecstasy of power is exclusive! Expenditures of PM house and Presidency in millions
are to everyone’s knowledge. Lately, the £2m Harrods furnishing for Gillani,s place by
his wife remained the tittle-tattle. The paradox is, there are no donors for the Rs.2bn flood
affectees, and when every penny counts, the wealthy rulers are obliviously and
religiously busy squandering.

Zardari,s visit to Chateau in France:

Mr. Zardari,s visit to his Chateau in France was disapproved of all over the world as one
of the worst floods of the century hit the country. the rulers abroad jealous of the empires
he has made out of his job. No wonder, finally Hillary Clinton tells the govt to stringently
draw tax from the rich.

Landmark judgment:
There was jubilation among Pakistan’s lawyers about the decision by the country’s
supreme court to strike down an amnesty which allowed the late Benazir Bhutto and her
husband Asif Ali Zardari to return from expel. Lawyers called the decision a landmark
judgment. One former president of the Lahore High Court Bar Association, Anwar
Kamal, said that the supreme court had closed the door on corruption in the country for
all time to come. We shall see, but on one thing we should be clear. This was not purely a
judicial act. The judgment reeked of politics, designed to unseat an unpopular president
halfway through his term.
Any independent court worth its name would have struck down the national
reconciliation ordinance (NRO), the selective amnesty that the former president Pervez
Musharraf concocted in 2007 as part of a power-sharing deal with Ms Bhutto brokered by
the US and Britain. But the supreme court went far beyond this. By turning the clock
back to the date when the ordinance was issued, the court ordered that all cases and
investigations frozen by the amnesty be revived.

T
he Supreme Court judgment on the National Reconciliation Ordinance
commonly known as NRO as not unexpected, yet the media propaganda
created a sense of confusion in the country, sparking fears of military coup.
Notwithstanding that military as well as civil bureaucracies have never been happy with
the liberal and centre-left ruling Pakistan Peoples Party and have always tried to
destabilise and overthrow its governments.
The steps taken by the Supreme Court after its ruling on the NRO, which stepped on the
turf of the administrative and legislative branches of the state, made it seem that the
country is heading towards a judicial dictatorship. Formation of different judicial
committee and sub-committees to monitor the performance of different state institutions
will limit the authority of the government eroding its control over the administration.

No resistance in Asif Ali Zardari NRO cases

Ansar Abbasi order reopening of all cases; Zardari himself to approach courts to claim
immunity. The Supreme Court’s detailed judgment on the NRO has deprived President
Asif Ali Zardari of the immunity that he was supposed to have enjoyed.
Now, the president will have to persuade the court if he seeks immunity.
The judgment issued on Tuesday does not discuss President Asif Ali Zardari, but like
other accused all his corruption cases, both within Pakistan and outside, stand reopened.
Now the responsibility would be on the president and his legal eagles to argue before the
courts to prove that Zardari enjoys legal or constitutional “immunity” or “exemption”, so
he could not be tried under any criminal offence during his term of office. Since
presidential immunity was not discussed in the NRO case, so the judgment did not
discuss it either. However, the judgment talks about the renewal of the pre-Oct 2007
situation without any exception and exemption (release).
The Supreme Court (SC) admitted that there is, of course, the matter of persons who may
be innocent of any wrongdoing but were victimized due to political vendetta. “For such
persons this judgment ought to be seen as a boon. Instead of living in the shadow of a
malignant cloud for the rest of their lives, their reputations sullied by the foul intervention
of a scheming mind, these persons are enabled through this judgment to clear their good
name of any taint with which they, of necessity, stood branded on account of the NRO.
This indeed would be the most potent rejoinder to those who maliciously may have
initiated false cases to harm their reputations for hidden political considerations.”
The Supreme Court judgment ordered yet again “all” the concerned courts, including the
trial, the appellate and the revision courts, to summon the persons accuse in such cases
and then to proceed in the respective matters in accordance with law from the stage from
where such proceedings had been brought to an end in pursuance of the above provisions
of the NRO, 2007. There is no mention of exemption or immunity for anyone.
President Zardari is not afraid of any kind of accountability as it is part of democratic
norms to face allegations. The president said that he was ready to give any sacrifice for
the sake of democracy, adding that the PPP leaders were accustomed to facing such bad
phases. Chief Justice Iftikhar Chaudhary is more like an elected Chief Justice than
appointed one, also shown an extra-ordinary swiftness in reviving back a lapsed
ordinance under scrutiny and as per some commentators even transcending the original
plea of the appellants by giving an all encompassing verdict, so that by no way Zardari
could escape the justice. The media has proved to be the protector of the Supreme Court,
which is a good thing, but a natural curiosity remains to be seen. Would the NRO cases
been illuminated with the same powerful media torches, had Asif Zaradri were not among
the accused? The spin given to the NRO created a perception that only politician
benefited from NRO, though they are only 24 out of 8000 other accused.
SC did not touch Mehran Bank case and did not proceed with bringing the Mehran Bank
case to a conclusion, as well as bring all the perpetrators of the shameful attack on the SC
to justice. SC would have to prove itself impartial and non-partisan because all the signs
show that Supreme Court is working to fulfill agenda of its so-called sympathizers. It is
certainly proving disastrous for the country.

Supreme Court reopen cases against NRO:

The Supreme Court reopens on Monday the cases which had been filed in October 2007
against the now dead-but-not-done-away-with National Reconciliation Ordinance.
Though the Supreme Court has appointed three constitutional experts as amici curiae to
assist it on the first day of the proceedings, the government, still in search of a counsel of
repute, may ask for adjournment to properly defend the controversial ordinance.
‘The government has decided in principle to defend the NRO but it has still not appointed
any lawyer,’ a senior lawyer told Dawn on condition of anonymity, adding that the
government might also appoint a full-fledged attorney general under Article 100 of the
Constitution in the meantime.
The lawyers appointed as amici curiae by the Supreme Court are former judge of Sindh
High Court Shaiq Usmani, former chief justice of Lahore High Court Mian Allah Nawaz
and former attorney general of Pakistan M. Sardar Khan.
They will assist the court to reach an authoritative decision while interpreting the NRO.
They were also appointed as amici curiae in October 2007 to assist the court in the same
cases.
The NRO has already been securitized by two chief justices of the Supreme Court when
in October 2007, Chief Justice Iftikhar Muhammad Chaudhry then heading a three-
member bench had held that beneficiaries would not be entitled to claim any protection of
a concluded action under sections six and seven of the NRO while describing it as being
against the public interest as it gives a blanket cover to those who have committed
corruption.
But later in February 2008 another five-member bench headed by former Chief Justice
Abdul Hameed Dogar vacated the order of freezing two sections of the dead law, thereby
allowing beneficiaries to enjoy the protection of the ordinance.
The court is seized with two petitions, one moved by former PPP stalwart Dr Mubashar
Hassan and the other by retired bureaucrat Roedad Khan.
The petitions challenge the NRO on the grounds that it violates the fundamental rights of
the people especially Article 25 (equality of citizens), is against political justice and also
contravenes the United Nations Convention against corruption to which Pakistan is a
signatory.
The attorney general and Deputy Prosecutor General Raja Aamir Abbas are also required
to contact prosecutors general of the four provinces and submit a detailed report on the
revival of corruption references against the accused who had benefited from the NRO.
The court noted that the government had never made a formal request for early hearing of
the NRO review petition and observed that the matter relating to implementation of the
NRO verdict started only after the appointment of Adnan A. Khawaja as managing
director of the OGDCL.
Justice Tariq Parvez said the NAB deputy chairman had just changed his room after the
court declared his appointment as acting chairman illegal.
Raja Aamir said he had not been provided a complete list of NRO beneficiaries despite
repeated requests made to the NAB deputy chairman. He, however, said that about 240
people, including government officials, advisers and politicians, had benefited from the
NRO.

The chief justice observed that the deputy chairman had no jurisdiction to act as acting
chairman of the NAB, especially after the recent judgment on the Bank of Punjab case.
“Why should all the actions he has taken after resignation of the NAB chairman not be
reversed,” the court asked.

The military establishment has seized the moment to hand over a list of names to Zardari
of people it believes should be immediately replaced. At the top of the list is the
ambassador to Washington, Husain Haqqani, whom the army has always regarded as a
foe for being too close to the American administration. Minister of the Interior Rahman
Malik is second in line.
Neither Haqqani nor Malik were replaced. But that didn’t stop the Wishful Journalists. In
January of this y ear, Ansar Abbasi wrote in The News that “Rehman Malik may be the
first to face the axe” as a result of the NRO decision.
Interior Minister Rehman Malik is faced with an immediate threat of disqualification as
member of the Parliament and the federal cabinet and is also liable to be put behind the
bars if the Supreme Court judgment on NRO is implemented by the government.
The real focus of course is on President Zardari’s fate and future. Apparently it seems
that verdict of Supreme Court will strengthen process of accountability. That is good, but
strengthening process of accountability requires two sides to be held accountable both the
accused and the accuser. If NRO was against democracy because it bypassed the legal
process, then assuming guilt for an accused and demanding resignation is also against
democracy for the same reason. Yet will never hear Shahid Masood or any other right-
wing TV anchor say such a thing. Why? Because it does not fit their predetermined
answers.

NRO beneficiaries:
When the list of NRO beneficiaries was released, it revealed that only 34 of the
beneficiaries are politicians. This was immediately met with cries from the usual quarters
about how this was a clear example of how corruption is rampant and the major problem
in Pakistan.
But 34 politicians only? That’s less than one-half of one-percent. Of all the 8,000
beneficiaries of the NRO, approximately 0.4% were politicians. Why does the media not
discuss the other 99.6%?
In fact, at one point the Chief Justice actually requested the media to stop discussing
NRO on TV talk shows because it was harming the interests of justice.
Now the Supreme Court has issued its decision on the NRO, and yet still the media
continues to only discuss less than one percent of the beneficiaries. While the NRO
drama continues to unfold, media should do better. Instead of talking about 0.4% of
cases, they should be discussing the broader context. Also, the NRO case should not be
used by the media as a means to destabilize the government.

Solution:
Judiciary should finish up the cases mess with out
corruption and favoritism in coming months and most
importantly with out hurting current Democracy.
Parliament should also take action by themselves
against ministers and everyone on corruption charges
and other law breaking charges. Army shouldn’t
interfere in any matter and should keep their nose busy
in Army and security matters.