ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has observed the court is not concerned who is sitting in the presidency but the presidency is important for the court.
The CJP gave these remarks during the course of hearing of controversial NRO case here Tuesday. At the inception of hearing, counsel for federation Kamal Azfar took the plea that proceedings be initiated against the beneficiaries of NRO as per law of the land. He added the federation is not opposing the applications moved by Dr Mubashir Hassan.
Acting Attorney General (AG) Shah Khawar said he had received instructions from the authorities concerned. "We are sticking to our stance from the very first day that we will not defend the NRO."
Former attorney general Malik Qayyum appeared before the court and informed the SC about the quashment of cases under NRO in Geneva against the president Asif Ali Zardari that he sent a letter to Swiss Attorney General under the directives of former president Pervez Musharraf and he had met him as well in Geneva. Asif Ali Zardari had filed a petition in Sindh High Court (SHC), seeking implementation of the NRO. The SHC then issued directives for withdrawal of cases registered against Asif Ali Zardari within the country and outside the country in two weeks.
AG Shah Khawar appeared before the court. Justice Javed Iqbal asked him if he was aware of the outcome of not defending the NRO. The AG said government would implement what decision was given by the SC.
"We believe balance of power between the three pillars of state. But the Parliament has not approved NRO. There is some problem somewhere in the matter," the CJP observed.
"The court should not be left with conjectures and guesses. If you think GHQ is doing something, then you should tell us about it. We will not allow GHQ to do so. If there is any question of provision of any protection to President Asif Ali Zardari, then the court be also informed in right manner so that the court may give reply in this connection," Justice Jawad S Khawaja remarked.
The AG said the government was facing no threat whatsoever from any national or international institution.
Justice Raja Fayyaz remarked what a sorrowful thing it was that the government apologized to a Swiss magistrate.
"If you drag us into it, then too much will come out and this we don't want. This will not be in the interest of the person whom you are defending," Justice Khalilur Rehman Ramday remarked.
From whom have you to seek directives. Those who have got the Swiss cases quashed have to be brought here and money have to be recovered. Whosoever does not return money will be kept in jail till the recovery is made in full. This was national wealth and as to why it was not taken back. Apology was tendered to foreign court by spending two billion rupees ", CJP remarked.
The court summoned AG and asked him that copy of the letter written by Malik Abdul Qayyum was not provided to the court. "The court be provided copy of the cases registered in foreign countries," the CJP asked. "We have no such copy," additional prosecutor general NAB said. "We regret the attitude of NAB. You are not telling us full details. We will initiate action against you," the CJP observed. Amicus curiae Sardar Khan said if the NRO is declared illegal, the cases will reopen. The Chief Justice asked the acting AGP to assist the court otherwise the court could give decision on the very first day of the hearing. "We will proudly protect the democratic system," the CJP added.
Justice Jawwad S Khawaja asked the acting AGP that if he wanted to protect President Asif Ali Zardari, he should give strong arguments before the court. The advocates general of all provinces also submitted written statements that they would not defend NRO
Meanwhile, NAB also submitted its fresh report regarding Swiss cases in which it was stated that Benazir Bhutto, Asif Ali Zardari and Nusrat Bhutto transferred money in foreign accounts with fake names.
The Chief Justice asked the Chairman NAB to present the copy of the letter written to Swiss government regarding the abolishment of the cases.
Amacus cuari of the court, Sardar Khan said in his arguments that NRO was unconstitutional and it was against the fundamental rights of the people.
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