SC will interpret NRO, says Justice Fayyaz
Dawn August 16, 2009
ISLAMABAD, Aug 15: Supreme Court judge Justice Raja Fayyaz Ahmed on Saturday said that the interpretation of the National Reconciliation Ordinance (NRO) had become necessary after it was raised before the court, but asking for a larger bench was not in consequence of the July 31 verdict in which the parliament had been requested to decide about the fate of a number of ordinances, including the NRO, in 120 days.
“The Supreme Court will interpret the NRO and it has nothing to do with the July 31 judgment,” Justice Raja Fayyaz told reporters after a roll signing ceremony of newly-enrolled advocates of the Supreme Court.
Justice Raja Fayyaz is one of the members of a two-judge bench that had requested the Chief Justice of Pakistan (CJP) on Wednesday to constitute a larger bench to interpret the controversial ordinance.
The apex court is already seized with two petitions -- one by former PPP stalwart Dr Mubashar Hasan and the other by retired bureaucrat Roidad Khan -- pleading that the ordinance violated the fundamental rights of the people, was against political justice and contravened the UN Convention against corruption.
On Oct 5, 2007, former President Pervez Musharraf had promulgated the NRO to give an immediate relief to late PPP chairperson Benazir Bhutto by giving indemnity in all cases registered against her by the Nawaz government.
As a result, the relevant accountability court cleared President Asif Ali Zardari of five charges, including corruption and illegal use of property under the controversial NRO on March 5, 2008. The president had another trial on the remaining charges on April 14, 2008, and was cleared of rest of the cases under the same NRO.
The NRO, which provides amnesty to public office holders charged in corruption cases between 1986 and 1999, was protected under Article 5(1)(2) of the Provisional Constitution Order (PCO) issued by Gen Pervez Musharraf while proclaiming the Nov 3, 2007, emergency.
However, a 14-judge Supreme Court bench while holding the PCO unconstitutional had decided that instead of undoing different ordinances, 37 in all, including the controversial NRO, the present government should be given 120 days to regularise them through the parliament.
On Saturday, while addressing newly-enrolled lawyers, Justice Fayyaz urged the Bar to assist the bench in the dispensation of justice, saying without their help and sincere efforts the vision of an independent judiciary could not be materialised.
Legal profession ensures rights of people: Chief Justice
The News August 15, 2009
ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry on Saturday said that legal profession is not only a tedious task, but also a noble profession which ensures the rights of people.
He was speaking to the participants of 11th roll signing ceremony of newly enrolled advocates of Supreme Court of Pakistan held here at the conference room of the apex court, in which 28 new advocates were enrolled as advocates of Supreme Court.
“The vision of independent judiciary can only be materialized with the help and sincere efforts of the bar, so it is the responsibility of the bar to assist the bench in dispensation of justice,” the Chief Justice said.
The Chief Justice urged the newly enrolled lawyers that they were in legal field since long time and have enough experience, so they must put in to practice their energies and expertise with the aim to benefit the litigants and civil society who stood by the lawyer’s community for upholding the supremacy of the Constitution during the black coat movement.
Earlier, Dr. Faqir Hussain, Registrar Supreme Court of Pakistan welcomed the newly enrolled advocates on behalf of the Chief Justice of Pakistan and on his own behalf.
Introducing the advocates, he said that they have come from all over the country to be enrolled as advocates of Supreme Court. Being a qualified lawyer and to assist the apex court in dispensation of justice is indeed an honour, he added.
The advocates who signed the Roll are Shahid Iqbal Dhillon, Syed Amjad Ali Shah, Tanveer Ahmeed, Khurram Ghias Khan, Rana Muhammad Afzal, Afzal Khan, Arshad Nazir Mirza, Nighat Ara,Muhammad Ayub Khan, Rehman Kayani, Javed Akhtar Bhatti,Mohsin Akhtar, Sayed Zahid Hussain Bukhari, Muhammad Bashir Paracha, Habib Ahmed Bhatti, Sajid Ilyas Bhatti, Ziafat Hussain Cheema,Robina Shaheen,Raja Tauqeer Ahmed, Muhammad Arif, Muhammad Aurangzeb Khan,Syed Muhammad Hussain Ibrahim Kazmi, Ghulam Dastagir A Shahani, Muhammad Anwar ul Haq Raja, Ghulam Asghar Khokar and Muhammad Arshad Qureshi.
CJ vows to show zero tolerance to corruption
Dawn July 17, 2009
ISLAMABAD, July 16: Chief Justice Iftikhar Mohammad Chaudhry on Thursday expressed concern over the rampant corruption causing decay in the society but vowed to show zero tolerance to the menace.
The observation came during the proceedings of Rs9 billion Bank of Punjab (BoP) scam.
The three-member bench comprising Chief Justice Iftikhar Mohammad Chaudhry, Justice Mohammad Sair Ali and Justice Jawwad S Khawaja was surprised at the way the Lahore-based Haris Steel Industry obtained huge amount from the bank against inadequate collateral.
The court was studying comparative evaluation of mortgaged properties both by the Haris Steels as well as by the Punjab government.
However, the court adjourned the proceedings for July 21, and ordered the Federal Investigation Agency (FIA), Police and National Accountability Bureau (NAB) not to arrest or harass any fugitive if they return on their own.
Former president BoP and principal accused Hamesh Khan and Sheikh Mohammad Afzal, Director Haris Steels along with his son had managed to escape and now live in the US and the UK respectively.
This is the last opportunity for the absconders to appear before the court on the next hearing after which every mode including contact with Interpol and respective countries would be made for extraditing the absconders, the chief justice observed.
Advocate Khawaja Haris appeared as counsel for the BoP whereas Talib Rizvi represented Hamesh Khan and Uzair Bihandari represented the steel industry. Advocate General Punjab, Mohammad Raza Farooq and Deputy Attorney General Shah Khawar also appeared before the court.
In compliance with the court orders, Raza Farooq submitted evaluation report of the mortgaged properties and revealed that the value of the properties was about 60 to 80 times less than what was being claimed by the steel industry at which the court also expressed its displeasure.
DAG Shah Khawar also submitted a report by the DG, FIA regarding action taken against Hamesh Khan and officials who facilitated him to flee the country despite being on the Exit Control List.
On July 15, the report said, contact was established with Interpol, Washington for the fugitive’s extradition. Similarly, the Ministry of Interior had also cancelled his passport.
Shah Khawar told the court that Pakistan had an extradition treaty with the US but in case of the United Kingdom extradition requests could be processed in cases not involving death.
Talib Rizvi and Zulfiqar Maluka, counsels for absconders (Hamesh Khan and Sheikh Afzal) kept on pressing the court to grant a month’s time for their return but failed to convince the court. They also conceded for not having contact or information about the locations of their clients.
Khawaja Haris informed the court about 129 additional properties owned by the defaulters and requested the court to replace them with the securities (mortgaged properties). Accepting the proposal, the court called for the record of all properties on the next date of hearing.
CJP takes notice of store on Webb Ground
Dawn July 3, 2009
KARACHI, July 2: Chief Justice Iftikhar Mohammad Chaudhry has taken a suo motu notice of the construction of a department store on the Webb Ground in the Lines Area and issued notices to relevant parties for appearance at the principal seat of the Supreme Court at Islamabad on July 7.
A petition involving the issue was dismissed by a division bench of the Sindh High Court on Sept 19, 2008 ex parte.
It was moved by former area councillor Mahfoozun Nabi in September 2007, but the division bench that initially heard it and also passed a restraint order against the respondents made the non-governmental organisation Shehri-Citizens for Better Environment a co-petitioner for assistance.
According to the respondent defence ministry, the land belonged to the Army Welfare Trust, which leased it out to Makro-Habib for the construction of a department store.
Other respondents issued notices by the SC are: the city government, the Lines Area Re-Development Project, the Karachi Building Control Authority and the Sindh Environment Department.
The notice by the CJ was taken following an appeal made by Ardeshir Cowasjee in his weekly column in Dawn on May 14 for looking into the manner in which the petition was disposed of.
Till decision of petitions: relief can not be extended under NRO: CJ
Business Recorder June 3, 2009
ISLAMABAD (June 03 2009): The Supreme Court cannot extend relief to any accused under National Reconciliation Ordinance (NRO) till the decision on petitions filed against the ordinance, observed Chief Justice Iftikhar Muhammad Chaudhry, here on Tuesday.
Hearing a case against award of sentence by National Accountability Bureau (NAB), the CJ observed that applications against the NRO were pending before the court and until final decision on the applications relief under the ordinance cannot be extended. Former Deputy Superintendent Police (DSP) Mehar Muhammad Baqir had filed an application seeking relief under the NRO.
A three-member bench of the apex court, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed adjourned the matter till June 10.
Mehar Baqir was sentenced and fined by the NAB on the charges of corruption and the sentence was upheld by the High Court as well as by the apex court and for that he had filed an application seeking review of the decision.
Meanwhile, he filed another application seeking relief under the NRO. Advocate Ibrahim Satti appeared before the court as counsel for the accused and requested the court to take up the application seeking relief under the NRO prior to review. Otherwise, our application for relief under NRO would become in fractious, he added.
However, the bench observed that application for review was submitted prior to the application for relief under the NRO, therefore, it would take the review matter at first.
Former President, Pervaz Musharraf had promulgated the NRO in October 2007. President Asif Ali Zardari is also among the beneficiaries of the NRO as he was facing four cases in Sindh, included the artifacts-smuggling case commonly known as the "Container Case", the murder cases of Mir Murtaza Bhutto and seven other workers and supporters of PPP-Shaheed Bhutto group, the double-murder case of Justice Nizam Ahmed and his son Nadeem Ahmed and the murder case of Alam Baloch, the former food secretary.
After its promulgation, the ordinance was challenged in the Supreme Court by Dr Mubashir Hassan, founding member of the PPP, former bureaucrat Roaedad Khan and Advocate Tariq Aziz.
The SC was told by the petitioners that NRO violated article 25 of the constitution, which guaranteed equality for everyone in the eyes of law. In addition, NRO granted 'immediate legislative acquittal' to public-office holders in a discriminatory manner.
The petitioners had said that NRO had negated Articles 62 and 63 of the constitution, which disallowed any holder of public office, who were found guilty of corruption or misuse of power, to contest parliamentary elections. The matter is still pending before the court. The court has made it clear that the relief cannot be extended to anyone till the decision of the case.
No SC relief under NRO till disposal of pleas: CJ
Dawn June 3, 2009
ISLAMABAD, June 2: Chief Justice Iftikhar Mohammad Chaudhry observed on Tuesday that petitions about the National Reconciliation Ordinance (NRO) were pending before the Supreme Court and no relief could be given to any person under the ordinance until the cases were disposed of.
The chief justice made the observation during the hearing of a petition filed by a former DSP seeking relief under the NRO from a conviction in a NAB case.
Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed were other members of the bench.
Ibrahim Satti, who was representing Mr Baqir in his plea for relief under the NRO, said the court should hear the matter first.
The chief justice said the review plea would be heard first because it had been filed first.
Mr Satti argued that the application filed under the NRO would become ineffective in that case.
The chief justice observed that petitions about NRO were pending before the apex court and no relief could be given by the SC to anyone under it until they were decided.—APP
About two million cases will be disposed of in one year: National Judicial Policy announced
Business Recorder May 31, 2009
LAHORE (May 31 2009): The registrar of the Supreme Court while announcing National Judicial Policy on Saturday claimed that the backlog of about two million cases (1,704,871) cases pending at all levels of judicial hierarchy would be disposed of within next one year.
While addressing a press conference here at Supreme Court Lahore Registry, Dr Faqir Hussain said that in Balochistan six months time would be sufficient to end backlog of old cases and dispose of new cases. As far as new cases are concerned, they would also be decided in one year from the date of their filing.
He said the policy was drafted by National Judicial Policy Making Committee headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry after having marathon deliberations and consultations with all Bar associations, high courts, IGPs, IG Prisons and other stakeholders.
He said the backlog is mainly due to inadequate budgetary allocation, which is negligible. Not even a one percent of federal and provincial budget is allocated for the third pillar of the state. The Supreme Court calls upon the government to address the problems of shortage of funds to enable the judiciary to cope with the twin problems of backlog and delays, he said. Particular attention is given to timely disposal of criminal cases especially the cases of under trial prisoners, languishing in jails.
MAIN FEATURES OF THE POLICY ARE AS UNDER:
INDEPENDENCE OF JUDICIARY: No chief justice or a judge of the superior courts would accept appointment as acting governor of a province. No retired judge of the superior court would accept an appointment, which is lower to his status or dignity including appointment as presiding officer of banking court, customs courts and administrative tribunals.
Posting of serving judges against executive posts in federal and provincial government departments on deputation be discontinued. All such judges should be repatriated to the respective high court. The Registrar said this aspect of the policy had already been achieved as 156 judicial officers in all four provinces have been repatriated to their respective high courts and were posted in courts as judicial officers.
Judiciary would avoid its involvement in the conduct of election as it distracts judicial officers from professional duty and complaints of corrupt practices tarnish the image of judiciary. However, the government request in this regard would be considered by NJPMC.
ERADICATION OF CORRUPTION: In each High Court a cell to be called "Cell for Eradication of Corruption from Judiciary" would be established in the office of Registrar, under the supervision of Chief Justice of High Court to entertain complaints with credible evidence.
Action should be initiated against those judicial officers/staff that carry persistent reputation of being corrupt or have their lifestyle beyond ostensible means of income. Surprise inspections be carried out by the Chief Justices/judges of the High Courts to monitor the working of subordinate judiciary. The District and Sessions Judges should also report about the corruption/misconduct of their subordinate judges.
Appropriate criminal cases under the relevant provisions of law may also be registered against the judicial officers/court staff involved in corruption. The corrupt judicial officers be made OSDs and kept against their post for the purpose of drawing salary only and disciplinary proceedings should be quickly finalised.
No judicial officer/official should be posted in home district and those remained posted in a particular district beyond three years should be transferred to other district. The complaints of corrupt practices and professional misconduct against lawyers addressed to the Chief Justice of High Court should be forwarded to the Bar council for action.
The council should take immediate action on such complaints under intimation to Registrars of the concerned High Courts. Incentives should be given to the honest, efficient and hard working judicial officers including advance increments and posting at stations of choice, etc.
EXPEDITIOUS DISPOSAL OF CRIMINAL CASES: Bail applications would be decided not beyond a period of three days by the magistrate, five days by Court of Sessions and seven days by the High Court. In bail matters, notice to State for production of record should not exceed beyond the days.
In criminal cases police/investigating agency would submit challan (Police Report) within a period of 14 days as contemplated in section 173 CrPC. In case of non-completion of investigation, an interim report shall be submitted.
All criminal cases punishable with imprisonment for upto 7 years registered after 1st January 2009 be kept on fast track for disposal within 6 months. All criminal cases punishable with imprisonment from 7 years and above including death cases shall be decided within a period of 1 year. To clear the backlog under different categories, special benches should be constituted by the Supreme Court and High Court.
CIVIL CASES: Writ petitions under Article 199 of the Constitution should be disposed of as quickly as possible. Writ petitions of the following categories if competent under the law, should be decided within 60 days: Pertaining to service disputes including promotion, transfer and such other matters, relating to admission of students in professional colleges and allied matters.
Stay matters should be decided within 15 days of grant of interim injunction and in case of delay, the judicial officer should report reasons to the Chief Justice of the High Court concerned through Registrar. The rent cases should be decided speedily within a period of 4 months while family cases should be decided within 3-6 months. Banking, tax, duty, levy and cess cases should be decided within 6 months. Civil judges should decide review applications within 30 days and the trial of new cases (instituted after 1st January 2009) should be completed within 6 months.
Priority should be given to women and juvenile cases for quick disposal. In the Supreme Court and High Courts, priority should be given to disposal of old cases. To clear the backlog under different categories, special benches should be constituted for each category by Supreme Court and High Court. Priority should be given to the disposal of trade, commercial and investment cases.
Such cases should be managed on fast track through establishment of designated courts and by constituting special benches by High Courts and the Supreme Court. The district judges should adopt such measures, which ensure handling of 50 percent of cases from backlog (filed up to 31 December 2008) and 50 percent from new cases (filed on 1st January 2009 and onward).
LONG TERM MEASURES: The judges of High Courts should carry out inspections of prisons periodically for ensuring compliance of Prison Rules and giving on the spot remedy/relief to the deserving prisoners in accordance with law.
The High Courts should frame an equitable, consistent and coherent policy for sending the judges to the permanent and circuit benches so that every judge gets equal opportunity to serve at the principal seat and benches. Necessary funds be provided by the government for infrastructure support such as construction of courtrooms, amenities for lawyers/litigants parties. The strength of judicial officers and administrative staff should be increased to cope with rising trend of litigation in the country.
The vacant posts in the subordinate courts should be immediately filled and funds for creation of new additional posts of Civil Judges cum Judicial Magistrates may be acquired from respective governments. Scattered courts are also one of the major causes of non-appearance of lawyers as it takes hours to reach from one court to another. Therefore, in the cities court complexes should be constructed to accommodate all courts in one premises.
Swat situation result of deviation from Constitution: Chief Justice
Business Recorder May 31, 2009
LAHORE (May 31 2009): Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry on Saturday said that the current situation in NWFP was result of deviation from constitution and rule of law. He asked the lawyers to come forward for rescuing Pakistan, which was facing another crucial test in NWFP as they had done for the independence of judiciary and rule of law in the country.
Chief Justice was speaking at a reception given by Punjab Bar Council in honour of the judges of superior judiciary. Justice Khalil-ur-Rehman Ramday, Justice Tassaduq Jillani, Justice Ijaz Ahmad Chaudhry, Justice Ghulam Rabbani, Justice Sair Ali, Justice M. A Shahid Siddiqui of Supreme Court and Chief Justice Lahore High Court Khawaja Muhammad Sharif, justices Mian Saqib Nisar, Sheikh Azmat Saeed, Umar Ata Bandial and Iqbal Hameed-ur-Rehman besides former judge LHC Jahangir Arshad were also present on the occasion.
Chief Justice Iftikhar Muhammad Chaudhry congratulated the whole legal fraternity for launching a historic movement in the country and taking it to its logical conclusion. However, he said, now the country was going through another crucial phase that direly needed a collective effort to comfort the calamity-hit people.
He said the present situation in NWFP was the result of deviation from Constitution and rule of law. "I am sure that lawyers can save the country again if they stand united," Justice Iftikhar said. On the appeal of CJP leaders of various bar associations present on the occasion announced financial support for IDPs among them Barrister Aitzaz Ahsan, Hamid Khan were prominent.
Chief Justice Khawaja Muhammad Sharif also informed that LHC judges had already announced to donate Rs 500,000 to Swat affectees. Chief Justice Iftikhar said a new National Judicial Policy is going to be implemented by June 1, which aimed at the speedy justice and to make judiciary a corruption free institution.
He pointed out that decision to keep judiciary away from executive was taken on the deliberations made by Chief Justice Khawaja Muhammad Sharif who, CJP said, also refused to take oath of acting Governor Punjab.
"It is the true spirit of the Constitution that the judiciary should be separated from the executive," he added. He also urged the lawyers to join hands with the judiciary in providing justice to the nation advising them as well the judges to do their best in deciding the cases of litigants at the earliest.
Chief Justice further asked the legal fraternity to dispel a common impression "to hire judge instead of lawyer" saying that it was the responsibility of lawyers to keep the sanctity of judiciary intact. He said a judiciary cannot be independent till the judges do not deliver independent decisions adding that an independent judiciary is critical for the progress of a country.
Reiterating his commitment against corruption Justice Chaudhry said "we will not tolerate corrupt elements in judiciary." Recalling the brutalities faced by the lawyers in the era of a military dictator, Chief Justice said that he asked the Chief Justice LHC to take notice of lawyers-burning incident in Sahiwal as he (CJP) made promise with Sahiwal Bar Association to bring the responsible to the book.
Chief Justice Khawaja Muhammad Sharif speaking on the occasion said it was very hard for citizens to get their rights in this country. Paying tribute to lawyer's leaders Justice Khawaja said Barrister Aitzaz was his teacher in Law College and he tagged Hamid Khan as a gem of legal fraternity.
Earlier, Aitzaz Ahsan said the lawyers who struggled for rule of law and independence of judiciary had no personal interest but endurance of the country. Hamid Khan, a prominent lawyer's leader, said the judiciary was not restored in its true shape as PCO-judges were still there.
Khan said the judiciary can not be independent until General Pervez Musharraf (Retd) was not tried under Article 6 for subverting the constitution. The days were not far when the nation would witness Musharraf facing trial, he hoped. Chairman Punjab Bar Council Asif Ali Malik presented honorary shields to Chief Justice of Pakistan and other judges of supreme court and high court.