ludUO

22 had been closed.
Administration of justice
NRO case & PM’s conviction
On the third day of the year 2012 the Supreme Court launched the process
of ensuring implementation of its verdict on the National Reconciliation
Ordinance (NRO) of December 16, 2009, which led to Yousaf Raza Gilani’s
conviction for contempt and his exit from the office of the Prime Minister. His
successor, Raja Pervez Ashraf, escaped a similar fate as a result of a last
minute compromise.
The main issue in the case turned out to be the direction to the Prime
Minister, as the federation’s chief executive, to write a letter to the Swiss
authorities for reopening the cases against President Asif Ali Zardari.
On January 03 the Supreme Court (a 5-member bench headed by Justice
Asif Saeed Khosa) told the government to implement its order by January 10,
failing which the court would itself determine its course of action. On the next
hearing (January 10) the court passed a short order whereby the Chief Justice
was requested to create a larger bench to consider what action should be
taken against those who had wilfully defied the court’s order of 2009.
The whole case against the Prime Minister rested on paragraph 178 of the
Supreme Court judgment of December 16, 2009 in Mobashir Hassan vs
Federation. This paragraph ordered the federal government and other concerned
authorities to take immediate steps to seek revival of the case in Switzerland
against Asif Ali Zardari that had been closed on the basis of a letter written by
Malik Mohammad Qayyum, the then Attorney-General.
The court observed that “In such a case of a brazen failure or refusal of
the federal government to obey… the buck stops at the office of the chief
executive of the federation, i.e., the Prime Minister.”
The court said six options were
available to it:
1. Hand down a declaration
that may affect the Prime Minister’s
qualification to be chosen as a member
of parliament. Similar action possible for
apparent breach of oath against the
President and the Law Minister.
2. Initiate contempt of court
proceeding against the Prime Minister,
the law minister and the law secretary
for failing or refusing to implement the
NRO judgment.
3. Appoint a commission to
Gilani: ousted for contempt.
execute the relevant parts of the NRO