I will defend NRO in court, says Khawar
By Tariq Butt
ISLAMABAD: “I and my team will represent the federal government and defend the NRO in the apex court,” Shah Khawar told The News. When asked he said that he has no idea about hiring of some prominent private lawyers by the government in this case. “It is my and my team’s duty to speak for the government in courts.”
The attorney general said that he has so far received no instructions from President Asif Ali Zardari about the case. He would be meeting Prime Minister Syed Yusuf Raza Gilani on his return from Britain to know how to go about in the anti-NRO petitions in the Supreme Court.
On the other hand, when contacted, Minister of State for Law Afzal Sindhu said that the government would engage some legal minds, including retired judges, but added that a decision was yet to be taken about the names to be chosen for the purpose.
According to sources, the government plans to marshal a strong line-up of private leading lawyers to defend the National Reconciliation Ordinance (NRO) in the Supreme Court, which opens hearing on the petitions against the now lapsed law on Dec 7. This array will be apart from acting Attorney General Shah Khawar and a number of his deputies, who have already started preparations for the court fight. Other sources said that the government was not in a hurry to avail the services of private lawyers because it believed that no full-fledged hearing on the petitions against the NRO was expected to open on the very first day, Dec 7.
Showing posts with label NRO. Show all posts
Showing posts with label NRO. Show all posts
Political storm brews for President Zardari
President Asif Ali Zardari is facing mounting pressure to relinquish many of his powers, raising the spectre of a damaging political fracas just as the nation battles the Taliban.
Only 15 months into his rule, Zardari is contending with rock-bottom public opinion, strained relations with the powerful military, a bloody insurgency and a vocal opposition party challenging his rule.
He has lost much of the public sympathy that helped his Pakistan People's Party (PPP) win elections in early 2008, soon after the assassination of his wife, the hugely popular two-time prime minister Benazir Bhutto.
Political tensions that have simmered for months bubbled to the surface over the weekend, when a legal amnesty protecting Zardari and key aides from corruption cases expired, plunging the nation into uncertainly.
‘At this point of time when the country needs undivided attention to face its challenges, the government could get entangled in legal battles and their future is so uncertain,’ said independent political analyst Talat Masood.
The corruption amnesty, known as the National Reconciliation Ordinance, was passed by former military ruler Pervez Musharraf in 2007.
It quashed charges against Zardari, Benazir Bhutto and other politicians in a gesture of political reconciliation as Musharraf faced increasing pressure to end nearly nine years of military rule and restore democratic elections.
Zardari spent several years in jail for corruption and is still referred to as ‘Mr Ten Per cent’ because of his reputation for allegedly taking kickbacks on deals.
Succeeding Musharraf as president in September 2008, Zardari has immunity from prosecution. But that immunity could now be challenged in the Supreme Court, opening the door for prosecution on outstanding cases.
Rasool Bakhsh Raees, a professor of political science at Lahore University of Management Sciences, said there were numerous grounds for challenging his immunity. And with so many foes, Zardari's position looked perilous.
‘The legal process is going to take its course, and if it does I see slim survival chances for the PPP leadership including President Zardari,’ he said.
Weathering the storm will take political savvy on Zardari's part.
The president on Saturday gave control of Pakistan's nuclear arsenal to Prime Minister Yousuf Raza Gilani, widely seen as a move to fend off criticism by making good on electoral promises to devolve greater power to parliament.
‘It is a signal to political parties and the army that he is willing to accept his reduced position as a figurehead,’ said Raees.
But this will unlikely be enough to appease his critics.
The opposition Pakistan Muslim League-Nawaz is calling on Zardari to relinquish powers he inherited from Musharraf to dissolve parliament and sack the prime minister — the so-called 17th amendment to the constitution.
A key problem, Masood said, was that Zardari had very few allies left. ‘The media and military are not very supportive, which means his future is really uncertain and he will have to surrender his powers.’
Tensions have simmered between the army and Zardari for months, notably over a US aid package signed into law in Washington in October.
It earned a terse rebuke from army chief General Ashfaq Kayani, who expressed ‘serious concerns’ about strings attached to some of the funding.
Any political fracas will likely unnerve Pakistan's Western allies, who have been pressing Islamabad to expand a multi-pronged offensive launched earlier this year against Taliban militants across swathes of the northwest.
The offensives have sparked a wave of retaliatory suicide bombings by the Taliban, with more than 430 people killed in Pakistan in the past two months.
‘Politicians are not paying attention to real issues; the war against the Taliban, suicide bombings and the economy,’ said Hasan Askari, a visiting professor at Johns Hopkins University.
‘Pakistani politics is personalised, and only the issues which can pull down Zardari are being focussed on.’
Only 15 months into his rule, Zardari is contending with rock-bottom public opinion, strained relations with the powerful military, a bloody insurgency and a vocal opposition party challenging his rule.
He has lost much of the public sympathy that helped his Pakistan People's Party (PPP) win elections in early 2008, soon after the assassination of his wife, the hugely popular two-time prime minister Benazir Bhutto.
Political tensions that have simmered for months bubbled to the surface over the weekend, when a legal amnesty protecting Zardari and key aides from corruption cases expired, plunging the nation into uncertainly.
‘At this point of time when the country needs undivided attention to face its challenges, the government could get entangled in legal battles and their future is so uncertain,’ said independent political analyst Talat Masood.
The corruption amnesty, known as the National Reconciliation Ordinance, was passed by former military ruler Pervez Musharraf in 2007.
It quashed charges against Zardari, Benazir Bhutto and other politicians in a gesture of political reconciliation as Musharraf faced increasing pressure to end nearly nine years of military rule and restore democratic elections.
Zardari spent several years in jail for corruption and is still referred to as ‘Mr Ten Per cent’ because of his reputation for allegedly taking kickbacks on deals.
Succeeding Musharraf as president in September 2008, Zardari has immunity from prosecution. But that immunity could now be challenged in the Supreme Court, opening the door for prosecution on outstanding cases.
Rasool Bakhsh Raees, a professor of political science at Lahore University of Management Sciences, said there were numerous grounds for challenging his immunity. And with so many foes, Zardari's position looked perilous.
‘The legal process is going to take its course, and if it does I see slim survival chances for the PPP leadership including President Zardari,’ he said.
Weathering the storm will take political savvy on Zardari's part.
The president on Saturday gave control of Pakistan's nuclear arsenal to Prime Minister Yousuf Raza Gilani, widely seen as a move to fend off criticism by making good on electoral promises to devolve greater power to parliament.
‘It is a signal to political parties and the army that he is willing to accept his reduced position as a figurehead,’ said Raees.
But this will unlikely be enough to appease his critics.
The opposition Pakistan Muslim League-Nawaz is calling on Zardari to relinquish powers he inherited from Musharraf to dissolve parliament and sack the prime minister — the so-called 17th amendment to the constitution.
A key problem, Masood said, was that Zardari had very few allies left. ‘The media and military are not very supportive, which means his future is really uncertain and he will have to surrender his powers.’
Tensions have simmered between the army and Zardari for months, notably over a US aid package signed into law in Washington in October.
It earned a terse rebuke from army chief General Ashfaq Kayani, who expressed ‘serious concerns’ about strings attached to some of the funding.
Any political fracas will likely unnerve Pakistan's Western allies, who have been pressing Islamabad to expand a multi-pronged offensive launched earlier this year against Taliban militants across swathes of the northwest.
The offensives have sparked a wave of retaliatory suicide bombings by the Taliban, with more than 430 people killed in Pakistan in the past two months.
‘Politicians are not paying attention to real issues; the war against the Taliban, suicide bombings and the economy,’ said Hasan Askari, a visiting professor at Johns Hopkins University.
‘Pakistani politics is personalised, and only the issues which can pull down Zardari are being focussed on.’
pkinside.blogspot.com, A Site covers Pakistan
A weblog (Blog) has started namely PKInside which covers news items about Pakistan Political Situation, Entertainment, Mobile World, Health etc.
http://pkinside.blogspot.com
http://pkinside.blogspot.com
Government bigwigs dispute list of NRO
By Mohammad Ahmad Noorani
ISLAMABAD: The unannounced war between the Presidency and the PM House came out in the open on Sunday when, besides others, top presidential aides and a provincial governor blasted the NRO list issued by the state minister for law on the orders of the prime minister.
The list was strongly disputed by top friends and aides of President Asif Ali Zardari as many of them issued strong denials and explanations, with the president’s secretary general Salman Faruqui, saying “the innocent continued to be maligned with the guilty ones even after 12 years of media trial and no effort was being made to separate the two.”
“I offer to appear before any competent forum to substantiate my statement,” Faruqui averred An informed source said President Zardari was aware of the statement issued by Salman Faruqui on Sunday.
MQM leader Altaf Hussain strongly disputed the list from London, saying all the cases mentioned against him were instituted after he had left Pakistan in 1992. Pakistan’s ambassadors to Washington and London, Husain Haqqani and Wajid Shamsul Hasan had disputed their names in the list on Saturday with both offering to contest their cases in courts, if needed.
Haqqani said he was not even aware of any case and would contest it in any court if he were summoned.
The spate of denials and explanations left political observers wondering about the homework that was done before the release of the NRO list and whether any consultations had been held between the Presidency and the PM House before the names were released.
The NAB, on the other hand, claimed that all cases on their files had been included and no discrimination has been done. It was unclear how the PM House or the Law Ministry would reconcile the issues raised by top aides and friends of the president after the release of the NRO list.
An official press release was issued by the secretary general explaining his own position but his observation that “the innocent” had been bracketed with “the guilty” was significant as he did not identify who were the guilty.
Faruqui’s long denial came soon after Governor of Sindh, Ishartul Ebad issued his explanation saying the only case mentioned against him in the list was a 1992 case which had been quashed soon afterwards.
Salman Faruqui took strong exception to the allegations levelled against him in the NRO list of beneficiaries and urged the law minister to take steps to undo the damage done to innocent victims like him.
He said he was falsely implicated in textile quota case long after the original FIR was filed in 1997 against others only to politically victimise him. Even at that time he was not accused of forgery or fraud or illegal allotment of textile quota.
“It is a matter of deep concern and regret that the Sindhu did not find time to go through the record of the case and released to the media an unsubstantiated list containing false allegations that were not levelled even at the time,” he said.
Salman Faruqui said he was dismissed from service on the basis of the same concocted material but the Supreme Court of Pakistan, then also headed by Justice Iftikhar Chaudhry, declared his dismissal as against law and principles of natural justice.
He said that the Supreme Court even rejected the revision application filed by the government only to delay his reinstatement and as a result the government had no choice but to reinstate him in service.
Referring to the mention of his name relating to the award of monopoly licence to ARY Gold in 1994 for the import of gold he said that originally he was not among the accused but was included as one of the accused in a supplementary reference that was filed much later.
He said that he had nothing to do with the said licence as he was posted as secretary commerce much later towards the end 1995. He had challenged action against him intended to harass and defame him.
He said that before filing and publishing concocted cases the frivolous charges and allegations should have been carefully reviewed.Faruqui said it was painful that the innocent continued to be maligned with the guilty ones even after 12 years of media trial and no effort was being made to separate the two. “In not doing so, those responsible were perhaps inadvertently helping the guilty at the cost of the innocent,” Faruqui lamented.
A spokesman for governor Sindh Dr Ishratul Ebad on Sunday said that since there had been no case against him under NRO, the question of taking advantage under the NRO by him does not arise.
The spokesman expressed surprise over reports about withdrawal of cases against the governor under NRO. He made it clear that there was no case pending against Dr Ishratul Ebad when he took over as governor in December 2002 and this had been announced at the higher level a number of times as well.
In the past, he said, an FIR was registered against him as political victimisation and that was declared legally nullified before he took over as governor. He said the case, as has been shown in the list released by State Minister for law Afzal Sindhu, the FIR for the same was registered 17 years back and it was legally withdrawn years back.
The governor’s spokesman said the federal government has been contacted over the inclusion of his name in the list. He expressed the hope that after this clarification, all speculations about the matter will end.
He said governor Dr Ishratul Ebad believes in the supremacy of law and even if there had been any case against him, he would have faced the courts despite the privilege he enjoys.
Our Lahore correspondent adds: Adviser to the Punjab Chief Minister Saeed Mehdi has expressed his astonishment over the inclusion of his name in the National Reconciliation Ordinance (NRO) beneficiaries’ list and claimed he was implicated in the plane highjack case against Nawaz Sharif and an assets case. However, he claimed he was honourably acquitted in both the cases by courts.
Talking to The News, he said courts had acquitted him in the plane highjack case and also dismissed the appeal of Sindh government against the decision. He said he was acquitted in an assets case by the LHC Pindi bench.
Mehdi said the polo ground case was adjourned by the court and had not heard since. He said that there was no reason of taking benefit of NRO against a case, which had neither been heard nor he was given punishment in it. He claimed that he had not applied for getting benefit of NRO and he did not know as why his name was included in NRO list.
Mehdi said that he was witness in the polo ground case along with Asif Ali Zardari. He claimed that during his imprisonment in Adiala Jail, the prosecutor had approached him and offered him to become approver in this case against Asif Ali Zardari, but he had declined the offer. He said the prosecutor had asked him that he could better understand as why he (Saeed Mehdi) had declined offer to become approver in plane highjack case against Mian Nawaz Sharif, but it was beyond his understanding as why he was not prepared to become approver against Zardari.
Mehdi said that he had plainly told the prosecutor that it was against his honour and dignity to become approver against anyone. He stated that incumbent Commerce Minister Naveed Qamar and jail superintendent were witness to it.
Online adds: Federal Interior Minister Rehman Malik has said that he has nothing to do with “Yellow Cab Scheme” adding that he was the worst political victim.
In a statement issued here on Sunday, Rehman Malik said that shallow charges were leveled against him because he had refused to become approver against Benazir Bhutto. He cleared that there are no corruption cases against him and court has exonerated him after regular hearing. It is a false propaganda to malign my character, he added.
Rehman Malik said that PML-Q cabinet had approved NRO and later on it was cleared by the rest of the political parties. He said that issuing of statement by PML-Q leadership on NRO is beyond his comprehension.
The interior minister said that he would make all the facts public at right time. He further added that running democratic system in the country is due to the NRO. Dictator was compelled to doff his uniform, judiciary was restored and elections were held in accordance with schedule and dictator has slipped abroad. He said, “Assassination attempt on me and later on sending me behind the bars and then let scorpions and snakes free in my prison was all part of political victimization against me”.
NNI adds: Nawab Mohammad Yousuf Talpur, member of Central Executive Committee of the Pakistan People’s Party has expressed his surprise over inclusion of his name in the list of beneficiaries of the NRO adding neither he nor his counsel had approached the court for benefit under the NRO.
In a press statement issued Sunday, the senior PPP leader said that he was implicated in the Ursus Tractor Scheme reference, which was never heard by any court after 2000 and he didn’t opt or ask for any benefit under NRO. While no offence was committed in the Ursus Tractor scheme.
The market value of Ursus and Belarus Tractors was Rs300,000 per unit then but the People’s government provided the growers tractors for Rs150,000 per unit.
“Being a co-accused in the case, and the case having been dropped by the court, it was a logical consequence that no action was due against me. Thus consequential result of the process could not be branded as a benefit drawn by me at any forum,” he said adding that the reference was heard by the court between 1997-1999 and thereafter the proceedings were stopped.
“During the proceedings or afterwards, I frequently visited abroad and was never arrested or put on ECL in the case,” he added.
Nawab Yousuf Talpur further said that he was ready to face the case as he had faced it earlier because the cases framed for political vendetta by the previous government could not stand in a fair trial and demanded that his name be deleted from the list of the NRO beneficiary.
Meanwhile Transparency International, the worldwide organisation monitoring corruption jumped into the NRO debate on Sunday night when its Pakistan director Adil Gilani issued a press release explaining what was meant by “corruption”.
“Most of NRO beneficiaries are saying they were not tried under corruption. This is a new joint strategy decided by them. All should know that Article 9 of the NAB Ordinance defines Corruption & Corrupt Practices as under:
“9 (a) A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices:
(i) If he accepts or obtains from any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as is specified in section 161 of the Pakistan Penal Code (Act XLV of 1860) for doing or for-bearing to do any official act, or for showing or for-bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person; or
(ii) If he accepts or obtains or offers any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions or[from] any person whom he knows to be interested in or related to the person so concerned; or
(iii) If he dishonestly or fraudulently misappropriates or otherwise converts for his own use, or for the use of any other person, any property entrusted to him, or under his control, or wilfully allows any other person so to do; or
(iv) if he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse* or dependents or any other person, any property, valuable thing, or pecuniary advantage; or
(v) If he or any of his dependents or benamindars owns, possesses, or has [acquired] right or title in any [“assets or holds irrevocable power of attorney in respect of any assets] or
pecuniary resources disproportionate to his known sources of income, which he cannot [reasonably] account for [or maintains a standard of living beyond that which is commensurate with his sources of income]; or
(vi) [If he misuses his authority so as to gain any benefit or favour for himself or any other person, or [renders or attempts to render] [or wilfully fails to exercise his authority to prevent the grant, or rendition of any undue benefit or favour which he could have prevented by exercising his authority];
(vii) If he has issued any directive, policy, or any SRO (Statutory Regulatory Order) or any other order which grants or [attempts to grant] any [undue] concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar [or any other person]
[(viii) If he commits an offence of wilful default, {; or }]
[(ix) If he commits the offence of cheating as defined in section 415 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and thereby dishonestly induces members of the public at large to deliver any property including money or valuable security to any person; or
(x) If he commits the offence of criminal breach of trust as defined in section 405 of the Pakistan Penal Code, 1860 (Act XLV of 1860) with regard to any property including money or valuable security entrusted to him by members of the public at large; (This is applicable to public corporations private sector board members)
(xi) If he, in his capacity as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust as provided in section 409 of the Pakistan Penal Code, 1860 (Act XLV of 1860) in respect of property entrusted to him or over which he has dominion; and
(xii) If he aids, assists, abets, attempts or acts in conspiracy with a person or a holder of public office accused of an offence as provided in clauses (i) to (xi).]; and
(b) All offences under this ordinance shall be non-bailable and, notwithstanding anything contained in section [426, 491,] 497, 498 and 561 A or any other provision of the code, or any other law for the time being in force no court shall have jurisdiction to grant bail to any person accused of any offence under this ordinance.
ISLAMABAD: The unannounced war between the Presidency and the PM House came out in the open on Sunday when, besides others, top presidential aides and a provincial governor blasted the NRO list issued by the state minister for law on the orders of the prime minister.
The list was strongly disputed by top friends and aides of President Asif Ali Zardari as many of them issued strong denials and explanations, with the president’s secretary general Salman Faruqui, saying “the innocent continued to be maligned with the guilty ones even after 12 years of media trial and no effort was being made to separate the two.”
“I offer to appear before any competent forum to substantiate my statement,” Faruqui averred An informed source said President Zardari was aware of the statement issued by Salman Faruqui on Sunday.
MQM leader Altaf Hussain strongly disputed the list from London, saying all the cases mentioned against him were instituted after he had left Pakistan in 1992. Pakistan’s ambassadors to Washington and London, Husain Haqqani and Wajid Shamsul Hasan had disputed their names in the list on Saturday with both offering to contest their cases in courts, if needed.
Haqqani said he was not even aware of any case and would contest it in any court if he were summoned.
The spate of denials and explanations left political observers wondering about the homework that was done before the release of the NRO list and whether any consultations had been held between the Presidency and the PM House before the names were released.
The NAB, on the other hand, claimed that all cases on their files had been included and no discrimination has been done. It was unclear how the PM House or the Law Ministry would reconcile the issues raised by top aides and friends of the president after the release of the NRO list.
An official press release was issued by the secretary general explaining his own position but his observation that “the innocent” had been bracketed with “the guilty” was significant as he did not identify who were the guilty.
Faruqui’s long denial came soon after Governor of Sindh, Ishartul Ebad issued his explanation saying the only case mentioned against him in the list was a 1992 case which had been quashed soon afterwards.
Salman Faruqui took strong exception to the allegations levelled against him in the NRO list of beneficiaries and urged the law minister to take steps to undo the damage done to innocent victims like him.
He said he was falsely implicated in textile quota case long after the original FIR was filed in 1997 against others only to politically victimise him. Even at that time he was not accused of forgery or fraud or illegal allotment of textile quota.
“It is a matter of deep concern and regret that the Sindhu did not find time to go through the record of the case and released to the media an unsubstantiated list containing false allegations that were not levelled even at the time,” he said.
Salman Faruqui said he was dismissed from service on the basis of the same concocted material but the Supreme Court of Pakistan, then also headed by Justice Iftikhar Chaudhry, declared his dismissal as against law and principles of natural justice.
He said that the Supreme Court even rejected the revision application filed by the government only to delay his reinstatement and as a result the government had no choice but to reinstate him in service.
Referring to the mention of his name relating to the award of monopoly licence to ARY Gold in 1994 for the import of gold he said that originally he was not among the accused but was included as one of the accused in a supplementary reference that was filed much later.
He said that he had nothing to do with the said licence as he was posted as secretary commerce much later towards the end 1995. He had challenged action against him intended to harass and defame him.
He said that before filing and publishing concocted cases the frivolous charges and allegations should have been carefully reviewed.Faruqui said it was painful that the innocent continued to be maligned with the guilty ones even after 12 years of media trial and no effort was being made to separate the two. “In not doing so, those responsible were perhaps inadvertently helping the guilty at the cost of the innocent,” Faruqui lamented.
A spokesman for governor Sindh Dr Ishratul Ebad on Sunday said that since there had been no case against him under NRO, the question of taking advantage under the NRO by him does not arise.
The spokesman expressed surprise over reports about withdrawal of cases against the governor under NRO. He made it clear that there was no case pending against Dr Ishratul Ebad when he took over as governor in December 2002 and this had been announced at the higher level a number of times as well.
In the past, he said, an FIR was registered against him as political victimisation and that was declared legally nullified before he took over as governor. He said the case, as has been shown in the list released by State Minister for law Afzal Sindhu, the FIR for the same was registered 17 years back and it was legally withdrawn years back.
The governor’s spokesman said the federal government has been contacted over the inclusion of his name in the list. He expressed the hope that after this clarification, all speculations about the matter will end.
He said governor Dr Ishratul Ebad believes in the supremacy of law and even if there had been any case against him, he would have faced the courts despite the privilege he enjoys.
Our Lahore correspondent adds: Adviser to the Punjab Chief Minister Saeed Mehdi has expressed his astonishment over the inclusion of his name in the National Reconciliation Ordinance (NRO) beneficiaries’ list and claimed he was implicated in the plane highjack case against Nawaz Sharif and an assets case. However, he claimed he was honourably acquitted in both the cases by courts.
Talking to The News, he said courts had acquitted him in the plane highjack case and also dismissed the appeal of Sindh government against the decision. He said he was acquitted in an assets case by the LHC Pindi bench.
Mehdi said the polo ground case was adjourned by the court and had not heard since. He said that there was no reason of taking benefit of NRO against a case, which had neither been heard nor he was given punishment in it. He claimed that he had not applied for getting benefit of NRO and he did not know as why his name was included in NRO list.
Mehdi said that he was witness in the polo ground case along with Asif Ali Zardari. He claimed that during his imprisonment in Adiala Jail, the prosecutor had approached him and offered him to become approver in this case against Asif Ali Zardari, but he had declined the offer. He said the prosecutor had asked him that he could better understand as why he (Saeed Mehdi) had declined offer to become approver in plane highjack case against Mian Nawaz Sharif, but it was beyond his understanding as why he was not prepared to become approver against Zardari.
Mehdi said that he had plainly told the prosecutor that it was against his honour and dignity to become approver against anyone. He stated that incumbent Commerce Minister Naveed Qamar and jail superintendent were witness to it.
Online adds: Federal Interior Minister Rehman Malik has said that he has nothing to do with “Yellow Cab Scheme” adding that he was the worst political victim.
In a statement issued here on Sunday, Rehman Malik said that shallow charges were leveled against him because he had refused to become approver against Benazir Bhutto. He cleared that there are no corruption cases against him and court has exonerated him after regular hearing. It is a false propaganda to malign my character, he added.
Rehman Malik said that PML-Q cabinet had approved NRO and later on it was cleared by the rest of the political parties. He said that issuing of statement by PML-Q leadership on NRO is beyond his comprehension.
The interior minister said that he would make all the facts public at right time. He further added that running democratic system in the country is due to the NRO. Dictator was compelled to doff his uniform, judiciary was restored and elections were held in accordance with schedule and dictator has slipped abroad. He said, “Assassination attempt on me and later on sending me behind the bars and then let scorpions and snakes free in my prison was all part of political victimization against me”.
NNI adds: Nawab Mohammad Yousuf Talpur, member of Central Executive Committee of the Pakistan People’s Party has expressed his surprise over inclusion of his name in the list of beneficiaries of the NRO adding neither he nor his counsel had approached the court for benefit under the NRO.
In a press statement issued Sunday, the senior PPP leader said that he was implicated in the Ursus Tractor Scheme reference, which was never heard by any court after 2000 and he didn’t opt or ask for any benefit under NRO. While no offence was committed in the Ursus Tractor scheme.
The market value of Ursus and Belarus Tractors was Rs300,000 per unit then but the People’s government provided the growers tractors for Rs150,000 per unit.
“Being a co-accused in the case, and the case having been dropped by the court, it was a logical consequence that no action was due against me. Thus consequential result of the process could not be branded as a benefit drawn by me at any forum,” he said adding that the reference was heard by the court between 1997-1999 and thereafter the proceedings were stopped.
“During the proceedings or afterwards, I frequently visited abroad and was never arrested or put on ECL in the case,” he added.
Nawab Yousuf Talpur further said that he was ready to face the case as he had faced it earlier because the cases framed for political vendetta by the previous government could not stand in a fair trial and demanded that his name be deleted from the list of the NRO beneficiary.
Meanwhile Transparency International, the worldwide organisation monitoring corruption jumped into the NRO debate on Sunday night when its Pakistan director Adil Gilani issued a press release explaining what was meant by “corruption”.
“Most of NRO beneficiaries are saying they were not tried under corruption. This is a new joint strategy decided by them. All should know that Article 9 of the NAB Ordinance defines Corruption & Corrupt Practices as under:
“9 (a) A holder of a public office, or any other person, is said to commit or to have committed the offence of corruption and corrupt practices:
(i) If he accepts or obtains from any person or offers any gratification directly or indirectly, other than legal remuneration, as a motive or reward such as is specified in section 161 of the Pakistan Penal Code (Act XLV of 1860) for doing or for-bearing to do any official act, or for showing or for-bearing to show, in the exercise of his official functions, favour or disfavour to any person, or for rendering or attempting to render any service or disservice to any person; or
(ii) If he accepts or obtains or offers any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or likely to be, concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with his official functions or[from] any person whom he knows to be interested in or related to the person so concerned; or
(iii) If he dishonestly or fraudulently misappropriates or otherwise converts for his own use, or for the use of any other person, any property entrusted to him, or under his control, or wilfully allows any other person so to do; or
(iv) if he by corrupt, dishonest, or illegal means, obtains or seeks to obtain for himself, or for his spouse* or dependents or any other person, any property, valuable thing, or pecuniary advantage; or
(v) If he or any of his dependents or benamindars owns, possesses, or has [acquired] right or title in any [“assets or holds irrevocable power of attorney in respect of any assets] or
pecuniary resources disproportionate to his known sources of income, which he cannot [reasonably] account for [or maintains a standard of living beyond that which is commensurate with his sources of income]; or
(vi) [If he misuses his authority so as to gain any benefit or favour for himself or any other person, or [renders or attempts to render] [or wilfully fails to exercise his authority to prevent the grant, or rendition of any undue benefit or favour which he could have prevented by exercising his authority];
(vii) If he has issued any directive, policy, or any SRO (Statutory Regulatory Order) or any other order which grants or [attempts to grant] any [undue] concession or benefit in any taxation matter or law or otherwise so as to benefit himself or any relative or associate or a benamidar [or any other person]
[(viii) If he commits an offence of wilful default, {; or }]
[(ix) If he commits the offence of cheating as defined in section 415 of the Pakistan Penal Code, 1860 (Act XLV of 1860), and thereby dishonestly induces members of the public at large to deliver any property including money or valuable security to any person; or
(x) If he commits the offence of criminal breach of trust as defined in section 405 of the Pakistan Penal Code, 1860 (Act XLV of 1860) with regard to any property including money or valuable security entrusted to him by members of the public at large; (This is applicable to public corporations private sector board members)
(xi) If he, in his capacity as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust as provided in section 409 of the Pakistan Penal Code, 1860 (Act XLV of 1860) in respect of property entrusted to him or over which he has dominion; and
(xii) If he aids, assists, abets, attempts or acts in conspiracy with a person or a holder of public office accused of an offence as provided in clauses (i) to (xi).]; and
(b) All offences under this ordinance shall be non-bailable and, notwithstanding anything contained in section [426, 491,] 497, 498 and 561 A or any other provision of the code, or any other law for the time being in force no court shall have jurisdiction to grant bail to any person accused of any offence under this ordinance.
SC says NRO validation must by parliament, or else...
Zardari, others to face trials
ISLAMABAD: The Supreme Court on Wednesday made it absolutely essential for the government to get the NRO and all other ordinances revalidated from parliament within the time given by the court, to prevent all the cases, including those against President Asif Ali Zardari, from being revived automatically.
In the detailed judgment of its July 31 short order issued by the SC, all corruption and criminal cases in which benefit was given under the NRO after February 5, 2008, the date the NRO legally expired, would stand automatically reopened if parliament fails to validate the NRO retrospectively. Simply speaking it means that the benefits were given when the NRO was no longer in existence.
The apex court did not agree with the perception that the benefits drawn from the NRO are past and closed transactions.It instead judged: “Under Article 89 of the Constitution, an ordinance issued by the president if not so laid before the National Assembly, or both Houses of Parliament, stands repealed on expiration of four months from its promulgation.”
Under this judgment, the NRO stands invalid since February 5, 2008, when it completed its 120-day constitutional life. The NRO was enforced on Oct 6, 2007, and within 120 days had to be passed by parliament as a bill or re-issued as an ordinance, which it was not.
Much to the worry of the ruling elite particularly President Zardari, all their corruption and criminal cases were quashed because of the NRO after February 5, when as per the Supreme Court’s judgment, the NRO did not exist. President Zardari’s acquittal from all cases happened during March-April 2008. (See list)
“Only such rights, privileges, obligations, or liabilities would lawfully be protected as were acquired, accrued or incurred under the said Ordinances during the period of four months or three months, as the case may be, from their promulgation, whether before or after November 3, 2007, and not thereafter, until such ordinances were enacted as acts by Parliament with retrospective effect,” the Supreme Court ruled.
The Supreme Court did not discuss the NRO in isolation but set the same principle for all ordinances that were covered under Musharraf’s PCO, now declared unconstitutional. In case parliament validates the NRO retrospectively (with effect from February 5, 2008) as per the judgment of the apex court, the Supreme Court also made it clear in the same judgment: “Needless to say that any validation whether with retrospective effect or otherwise, shall always be subject to judicial review on the well recognized principles of ultra vires, non-conformity with the Constitution or violation of the Fundamental Rights, or on any other available ground.”
It is relevant to mention here that the NRO soon after its promulgation in October 2007 was challenged in the Supreme Court, which has yet to hear the petitions questioning the very validity of the controversial ordinance.
In para 186 of the detailed judgment, the SC said, “Proclamation of Emergency and PCO No 1 of 2007 having been declared unconstitutional and void ab initio and the validity purportedly conferred on all such Ordinances by means of Article 270AAA and by the judgment in Tikka Iqbal Muhammad Khan’s case also having been shorn, such ordinances would cease to be permanent laws with the result that the life of such ordinances would be limited to the period specified in Article 89 and 128 of the Constitution, viz., four months and three months respectively from the date of their promulgation. Under Article 89 of the Constitution, an ordinance issued by the president, if not so laid before the National Assembly, or both Houses of Parliament, stands repealed on expiration of four months from its promulgation. Similarly, under Article 128 of the Constitution, an ordinance issued by the governor, if not so laid before the concerned provincial assembly, stands repealed on expiration of three months from its promulgation.”
In its para 187, the detailed judgment said, “It may be noted that such ordinances were continued in force throughout under a wrong notion that they had become permanent laws. Thus, the fact remains that on the touchstone of the provisions of Articles 89 and 128 read with Article 264 of the Constitution and Section 6 of the General Clauses Act, 1897, only such rights, privileges, obligations, or liabilities would lawfully be protected as were acquired, accrued or incurred under the said ordinances during the period of four months or three months, as the case may be, from their promulgation, whether before or after November 3, 2007, and not thereafter, until such ordinances were enacted as acts by Parliament or the concerned provincial assembly with retrospective effect.”
According to the details gathered by The News, President Asif Ali Zardari’s acquittal from all the corruption and criminal cases happened between March 6, 2008, to May 20, 2008. The likes of Interior Minister Rehman Malik, Suleman Faruqi, Zulfikar Mirza, Wajid Shamsul Hasan, Chaudhry Ahmad Mukhtar, Usman Farooqi, M B Abbasi and many others also benefited after the ordinance lapsed.
One Hundred corruption cases to reopen in 25 days
By Ansar Abbasi
ISLAMABAD: Over 100 corruption and criminal cases involving many top politicians and bureaucrats, which were settled under the controversial NRO after February 2, 2008, would automatically reopen after 25 days on Nov 28.
NAB documents and information collected from other sources reveal that not only President Asif Ali Zardari but most of his confidants and top political and bureaucratic aides benefited from the NRO after February 2, 2008, after the controversial ordinance had completed its constitutional life of 120 days.
The Presidency’s decision not to enact the NRO with effect from February 2, 2008 would reopen all the cases settled after that date as per the Supreme Court decision. Documents reveal that under the NRO reference (ref) 91/2004 against Rehman Malik, the present interior minister, for alleged misuse of authority, was closed down on March 3, 2008. On the same day, another case (ref 92/2004) against Rehman Malik for alleged receipt of two cars from Toyota Motors as illegal gratification on account of purchase of official vehicles was also closed under the NRO.
On March 5, 2008, five cases (ref Nos 14/2001, 6/2000, 13/2001, 41/2001 and 23/2000) against President Asif Ali Zardari were closed down. These cases ware about assets beyond known source of income, illegal construction of a polo ground at the PM House and loss of national exchequer, alleged corruption and corrupt practices in the Green Tractor scheme, corruption and corrupt practices in the SGS case and corruption and corrupt practices in the ARY Gold case. Former principal secretary to the prime minister Saeed Mehdi and Shafi M Sehwani (who expired several years back) were involved in the Polo ground case. PPP MNA and former federal minister Yousuf Talpur and ex-chairman ADBP Badaruddin Zaidi were co-accused in the Green Tractor Scheme case. A former secretary, A R Siddiqi, was a co-accused with Zardari in the SGS case. In the ARY Gold case, former secretary commerce Aslam Hayat Qureshi, Principal Secretary to the President Salman Faruqi and former secretary finance and PakistanÃs Executive Director at the World Bank Javed Talat are the co-accused. All these politicians, bureaucrats and their civilian (mostly businessman) co-accused were also acquitted on the same date, March 5, 2007. Though Yousuf Talpur’s name is reflected in the NAB’s list of NRO beneficiaries, he told the National Assembly on Tuesday that he did not take any benefit from the law.
On March 13, 2005, Zardari got acquittal from yet another case of kickback in pre-shipment, also known as the Cotechna case. Begum Nusrat Bhutto was co-accused in the case along with a government servant, Arif Siddiqui, both of whom were cleared on the same date. The BMW case, Murtaza murder case, drug case etc were also cleared after February 2008.
Former MNA and district Nazim DG Khan Sardar Mansoor Leghari was cleared under the NRO on March 19, 2008. A government servant, Sadiq Ali Khan, too was cleared on March 19, 2008. Anwar Saifullah, former petroleum minister, got acquittal in five different cases on May 7, 2008.
PPP Secretary General Jehangir Badar, former PPP MNA Mushtaq Awan and ex-chief secretary Punjab Javed Qureshi were acquitted after February 2008 in corruption and illegal appointment cases. The same was the case with the former NDFC chairman and Pakistan’s Ambassador to Iran MB Abbasi, ex-Pak Steel chairman Usman Farooqi and former IB chief Brigadier Imtiaz.
Former interior minister Aftab Khan Sherpao and former deputy speaker Nawaz Khokhar were acquitted under the NRO in July 2008. A PML-N MNA Rana Nazir too benefited from the NRO and got cleared in April 2008. Farzana Raja’s ex-husband Pir Mukramul Haq was acquitted of corruption cases after Feb 2008.
Other such NRO beneficiaries include Ibrar Hussain, Inamur Rehman Sehri, Habibullah Tasnim, Muhammad Saeed, Raees M Irshad, Ghulam Qadir Lakhan, Shafique Siddiqi, Ahmad Hussain, Iqbal Bangash, Khurshid Anwar, M Akbar, Ikramul Haq Mirza, A D Abbasi, Kh Farooq Ahmad, Rafique Shad, Sadiq Ali Khan, Ch Muhammad Aslam, Abdul Ghafoor Aslam, Muhammad Ahmad Baloch, Muhammad Ismail, Ahmed Khan, Atta Ullah Khan, Muhammad Farooq, Muzamil Hussain, Dawood Khan, Muhammad Iqbal, Muhammad Amin, Abdul Ghafoor Dogar, Mushtaq Ahmad Baloch, Muhammad Iqbal, Ahmed Khan, Muhammad Ismail, Din Muhammad, Raheel J Qureshi, Murid Ahmed Baloch, Muhammad Farooq, Salim Raza, Muhammad Anwar, Muhammad Akbar, Arshad Mehmood, Mohiuddin Jameeli, Muhammad Ashfaq, Muhammad Zaheer Ahmed Khan, Iqbal Ahmed, Sadiq Ali Khan, Sikandar Ali Abbasi, Raja Zahid Hussain, Abdul Naeem Khan, Sh Muhammad Amin, Abdul Ghafoor Khan, Muhammad Ali, Abdul Hayee Qamar, Qazi Naeem Ahmad, Jaffar Muhammad etc.
ISLAMABAD: Over 100 corruption and criminal cases involving many top politicians and bureaucrats, which were settled under the controversial NRO after February 2, 2008, would automatically reopen after 25 days on Nov 28.
NAB documents and information collected from other sources reveal that not only President Asif Ali Zardari but most of his confidants and top political and bureaucratic aides benefited from the NRO after February 2, 2008, after the controversial ordinance had completed its constitutional life of 120 days.
The Presidency’s decision not to enact the NRO with effect from February 2, 2008 would reopen all the cases settled after that date as per the Supreme Court decision. Documents reveal that under the NRO reference (ref) 91/2004 against Rehman Malik, the present interior minister, for alleged misuse of authority, was closed down on March 3, 2008. On the same day, another case (ref 92/2004) against Rehman Malik for alleged receipt of two cars from Toyota Motors as illegal gratification on account of purchase of official vehicles was also closed under the NRO.
On March 5, 2008, five cases (ref Nos 14/2001, 6/2000, 13/2001, 41/2001 and 23/2000) against President Asif Ali Zardari were closed down. These cases ware about assets beyond known source of income, illegal construction of a polo ground at the PM House and loss of national exchequer, alleged corruption and corrupt practices in the Green Tractor scheme, corruption and corrupt practices in the SGS case and corruption and corrupt practices in the ARY Gold case. Former principal secretary to the prime minister Saeed Mehdi and Shafi M Sehwani (who expired several years back) were involved in the Polo ground case. PPP MNA and former federal minister Yousuf Talpur and ex-chairman ADBP Badaruddin Zaidi were co-accused in the Green Tractor Scheme case. A former secretary, A R Siddiqi, was a co-accused with Zardari in the SGS case. In the ARY Gold case, former secretary commerce Aslam Hayat Qureshi, Principal Secretary to the President Salman Faruqi and former secretary finance and PakistanÃs Executive Director at the World Bank Javed Talat are the co-accused. All these politicians, bureaucrats and their civilian (mostly businessman) co-accused were also acquitted on the same date, March 5, 2007. Though Yousuf Talpur’s name is reflected in the NAB’s list of NRO beneficiaries, he told the National Assembly on Tuesday that he did not take any benefit from the law.
On March 13, 2005, Zardari got acquittal from yet another case of kickback in pre-shipment, also known as the Cotechna case. Begum Nusrat Bhutto was co-accused in the case along with a government servant, Arif Siddiqui, both of whom were cleared on the same date. The BMW case, Murtaza murder case, drug case etc were also cleared after February 2008.
Former MNA and district Nazim DG Khan Sardar Mansoor Leghari was cleared under the NRO on March 19, 2008. A government servant, Sadiq Ali Khan, too was cleared on March 19, 2008. Anwar Saifullah, former petroleum minister, got acquittal in five different cases on May 7, 2008.
PPP Secretary General Jehangir Badar, former PPP MNA Mushtaq Awan and ex-chief secretary Punjab Javed Qureshi were acquitted after February 2008 in corruption and illegal appointment cases. The same was the case with the former NDFC chairman and Pakistan’s Ambassador to Iran MB Abbasi, ex-Pak Steel chairman Usman Farooqi and former IB chief Brigadier Imtiaz.
Former interior minister Aftab Khan Sherpao and former deputy speaker Nawaz Khokhar were acquitted under the NRO in July 2008. A PML-N MNA Rana Nazir too benefited from the NRO and got cleared in April 2008. Farzana Raja’s ex-husband Pir Mukramul Haq was acquitted of corruption cases after Feb 2008.
Other such NRO beneficiaries include Ibrar Hussain, Inamur Rehman Sehri, Habibullah Tasnim, Muhammad Saeed, Raees M Irshad, Ghulam Qadir Lakhan, Shafique Siddiqi, Ahmad Hussain, Iqbal Bangash, Khurshid Anwar, M Akbar, Ikramul Haq Mirza, A D Abbasi, Kh Farooq Ahmad, Rafique Shad, Sadiq Ali Khan, Ch Muhammad Aslam, Abdul Ghafoor Aslam, Muhammad Ahmad Baloch, Muhammad Ismail, Ahmed Khan, Atta Ullah Khan, Muhammad Farooq, Muzamil Hussain, Dawood Khan, Muhammad Iqbal, Muhammad Amin, Abdul Ghafoor Dogar, Mushtaq Ahmad Baloch, Muhammad Iqbal, Ahmed Khan, Muhammad Ismail, Din Muhammad, Raheel J Qureshi, Murid Ahmed Baloch, Muhammad Farooq, Salim Raza, Muhammad Anwar, Muhammad Akbar, Arshad Mehmood, Mohiuddin Jameeli, Muhammad Ashfaq, Muhammad Zaheer Ahmed Khan, Iqbal Ahmed, Sadiq Ali Khan, Sikandar Ali Abbasi, Raja Zahid Hussain, Abdul Naeem Khan, Sh Muhammad Amin, Abdul Ghafoor Khan, Muhammad Ali, Abdul Hayee Qamar, Qazi Naeem Ahmad, Jaffar Muhammad etc.
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