Government, apex court headed for confrontation on Zardari
By IANSSaturday, May 22, 2010
ISLAMABAD - The Pakistani government and the Supreme Court seemed headed for a major confrontation on reopening a graft case against President Asif Ali Zardari and a statute amendment that has created a commission for the appointment of superior court judges.
At a strategy dinner here Friday night, the government decided to tell the court that a $60 million Swiss graft case against Zardari could not be reopened as he enjoys presidential immunity.
The government would also defend the 18th constitutional amendment on the ground that it had restored democracy and the judiciary.
\”The federal government has finalised a strategy to present its point of view on the defunct National Reconciliation Ordinance (NRO) and the 18th amendment in the Supreme Court, focusing on the point that President Asif Ali Zardari enjoys the immunity, and the case cannot be reopened,\” The News reported Saturday.
Former president Pervez Musharraf had promulgated the NRO, an amnesty against graft, in October 2007 primarily to enable former prime minister Benazir Bhutto and her husband, Zardari, to return home. Some 250 other politicians, bureaucrats and armed forces officers had also benefited from the NRO.
The Supreme Court had declared the NRO unconstitutional in December 2009 and ordered the reopening of all cases that had been closed under it.
Since then, the government has been ambivalent on the Zardari case in the Supreme Court not saying in as many words whether or not it would be reopened.
The Supreme Court Bar Association has challenged the 18th amendment on the ground that the appointment of a commission on judicial appointments would impact the independence of the judiciary.
The amendment had also overturned the 17th amendment that Musharraf had rammed through parliament in 2003 transferring key executive powers from the prime minister\’s office to the judiciary.
These included the power to dissolve the National Assembly, the lower house of parliament, and to appoint the service chiefs.
According to The News, Law Minister Babar Awan, \”who was the author of the strategy\”, briefed the dinner meeting about the government\’s view that is to be taken before the Supreme Court next week.
The dinner, hosted by Zardari, was attended by Prime Minister Yousuf Raza Gilani and the cabinet ministers belonging to the Pakistan Peoples Party that leads the ruling
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May 24, 2010: 10:34 am
I just believe that current witch hunt of Government official and wrath by Judiciary is just because of reason that Judiciary is trying to divert the attention of public from their own issues. There are hundred and thousands of cases pending in lower courts and people are crying for justice from years but Courts are not serious to resolve this issues. Case of missing persons is hundred time important that current mess on NRO but court has no interions to dispence justice among grieved families. It is true that When we fail to rise above our own weaknesses, we divert attention from them by highlighting other people’s weaknesses.This is the very cause that Judiciary is reeling on NRO cases time and again to divert the attention of people to other issues. |
 Azher Lodhi |
May 24, 2010: 10:25 am
Today we have a democratic government in place, a free and independent judiciary and a relatively free, if not totally responsible, media. Since the nation has fought long and hard to achieve all this, an executive/judiciary clash must not let the people’s sacrifices go to waste. There are some undemocratic elements in this country who would be more than happy to sit back and watch the two most important institutions confront each other. In order to avoid a confrontation and possible subsequent derailing of the system,Govt has taken a good step that federal minister are willingly appearing before court without any hesitation. We have come a long way, let us ensure we do not go into reverse gear. |
Malik Mumtaz