Feb 02

The Constitution in its original form gives the president a symbolic status and ceremonial powers. Hence his acts as president are not challengeable in the court. Of course when he has no powers and he can’t act without the advice of Prime Minister and the Chief Justice he can’t make big blunders and his acts will not have any serious impact. Same goes with the Governors. However neither President nor Governor is immune from acts as a person e.g. if they commit a murder they can be and musty be punished accordingly. According to renowned lawyer A.K. Dogar Pakistani and Indian laws are carbon copies in this regard. He quoted India’s one of the most famous and respected law expert whose book has recently made a silver jubilee celebrations, who is of the opinion that President’s act as president are immune from the courts proceedings while they are in the office but not their personal acts e.g. corruption, lies, murders etc. etc. However the situation becomes grim when it comes to Pakistan as we have mutilated the constitution and President has acquired all the powers of the Prime Minister and the Parliament rendering these two institutions to mere rubber stamps. How then his acts even as President will enjoy the immunity. It does not make sense and such immunity is absolutely and clearly is in clear violation of the basic human rights which supersedes and surpasses all constitutions. If someone is murdered and robbed how can he be deprived of seeking justice and getting the offender punished? No way can anyone have immunity in such cases. The victim could be an individual or the entire nation In cases of gross national thefts, corruption, treason, the entire nation is a victim and any citizen must be able to challenge this in the court and in the election commission. When Mr. Kamaal Azfar asked A.K. Dogar about any ruling of Indian Supreme Court, he answered Indians never elected a corrupt President and hence issue of such incidence did not arise. Dogar said that Indian article 361 and Pakistani article 248 are same except that in India the word State is used for the provinces.

Qazi Anwar, president of Pakistan Barr Association is of the opinion that Zardari was not eligible to run for the office of the President in the first place. Zardari has a nickname of Mr. 10% and tops the list of the criminals in the corruption cases while Mr. Altaf Hussain whom nominated Zardari for President tops the list of murders (31murders and 11 attempts to murder cases). Zardari’s notorious cases include tying of the bomb to a leg of a philanthropist and eating up all the donated charity money for building a children hospital in rural Sind and his Swiss Accounts and Surrey Place. He played insane in the latter case (Which again makes him unfit for the Presidency). The kickbacks which he took to buy Surrey Palace has given the gift of Electric Load shedding and rise in petrol and CNG prices along with severe damage to the Industries. Continue reading »

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Dec 30

Supreme Court of Pakistan has struck down the National Reconciliation Ordinance (NRO)- An executive order given by ex Pakistani president General Pervaiz Musharraf which removed all the civil cases against political parties, declaring it is unconstitutional.

A 17-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, in his short order, declared unanimously the ordinance as null and void.

According to the judgment, the NRO is contrary to the equality guaranteed by the 1973 Constitution of Pakistan. Similarly, all the cases, disposed off because of the controversial ordinance, now stand revived as of Oct 5, 2007 position, said the judgment.

Here is the Short Order Document from Supreme Court of Pakistan Continue reading »

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Dec 22

In a country where over 40 per cent of the population is said to be languishing under the poverty line with families surviving on less than $2 a day, the shameful revelation of the filthy rich getting loans worth over Rs100 billion written-off owing to their formidable clout is shocking the nation. And this shameful list carries some of the biggest names of our power elite.

The Government of Pakistan has finally made available the list of National Reconciliation Ordinance aka NRO beneficiaries to the public. The list is not yet complete and the one available to media contains only 248 politicians and bureaucrats. I must remind our readers here that the original list comprises of thousands of people and this is just a partial list.

According to a story in a local website, the following are the 248 people with slight detail of their illegal activities that they washed through the NRO.

asifzardari-nro

  1. Asif Ali Zardari – The beneficiary No 1 of the NRO. These cases included the alleged kickbacks from SGS PSI Company, grant of licence to ARY Gold causing huge loss to government, corruption in purchase of Ursus tractors under the Awami Tractor Scheme, illegal award of contract to Cotecna for pre-shipment, assets beyond means, received kickbacks from Sajjad Ahmad (late) ex-chairman Pakistan Steel Mills, illegal construction of Polo ground at PM House and the money laundering SGS Swiss case.
  2. Nawab Yousaf Talpur, ex-MNA and former minister, who was co-accused in URSUS tractors case;
  3. Ms Nusrat Bhutto, assets case;
  4. Ex-MNA and the PPP Secretary General Jehangir Badr, assets case and corruption in Sui Southern Gas Company;
  5. Ex-minister for commerce and presently Defence Minister Ahmad Mukhtar, misuse of authority in issuing sugar export permit to non-entitled persons in 1994;
  6. Ex-MNA Malik Mushtaq Ahmed Awan, embezzlement in Octroi contracts;
  7. Ex-MNA Rana Nazir Ahmed, assets case and misuse of authority;
  8. Ex-MPA Mian M Rashid, assets case and illegal appointments;
  9. Ex-MPA Tariq Anees, assets beyond means;
  10. Ex-MPA Mian Tariq Mehmood Dina, assets beyond means;

Other NRO Beneficiries: Continue reading »

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Dec 17

NRO

Hopefully, it’s a silver lining in the cloud, as the Supreme Court of  Pakistan has struck down the National Reconciliation Ordinance (NRO)- An executive order given by ex Pakistani president General Pervaiz Musharraf which removed all the civil cases against political parties, declaring it is unconstitutional.

A 17-member bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, in his short order, declared unanimously the ordinance as null and void.

According to the judgment, the NRO is contrary to the equality guaranteed by the 1973 Constitution of Pakistan. Similarly, all the cases, disposed off because of the controversial ordinance, now stand revived as of Oct 5, 2007 position, said the judgment.

In addition, the court has ordered the government that it should immediately reopen President Asif Ali Zardari’s the Swiss cases.

The court has expressed displeasure on acting attorney general and said he hide the truth.

pakistan-supreme-court

Earlier, during hearing of petitions against the NRO, the chief justice said even parliament has no right to change the basic structure of the constitution. Thence, nullified NRO.

The court adviser Mian Allah Nawaz in his arguments termed the NRO as filthy law and said any, which is beneficial for some individuals, is illegal. Another court advisor Shaiq Usmani said there is no legal ground of giving amenity under NRO. President could only issue the ordinance, which will convert into law by the assembly.

In his remarks, chief justice said how assembly could declare corruption as legal. The judges in the bench said in their remarks that NRO is against the teachings of Quran.

DOWNLOAD NRO SHORT ORDER DOCUMENT BY SUPREME COURT OF PAKISTAN

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