Supreme Court warns Zardari, Gilani of ban

Islamabad: Pakistan's Supreme Court yesterday warned President Asif Ali Zardari and Prime Minister Yousuf Raza Gilani that they could face disqualification over non-implementation of the court's 2009 verdict striking down the National Reconciliation Ordinance (NRO).

Disqualification was one of the six options before the court, which were outlined in a lengthy order issued by a six-judge bench headed by Justice Asif Saeed Khosa.

The December 16, 2009 verdict had ordered reopening of all cases that were closed under the NRO or amnesty decree promulgated by former military ruler Pervez Musharraf in October 2007 under a political deal.

It had also directed the government to write to Swiss authorities for reopening money-laundering cases involving Zardari.

The government has all along taken the stand that this could not be done as the president enjoys immunity under the constitution of the country.

The bench in its order said over the past two years the government "has demonstrated no interest in carrying out some of the directions of this court".

Fixing the next hearing for January 16, the bench recommended to the chief justice to set up a larger bench in view of the constitutional importance of the case.

Last opportunity

The attorney general, the National Accountability Bureau chairman and prosecutor general and the federal law ministry secretary were directed to appear in person before the court on that date. The order said on the last date of hearing of the NRO verdict implementation case on January 3, it was made clear to all concerned that they were being given the "last and final opportunity till today" but it appeared that they "have consciously decided to defy and disobey the court".

"The co-chairman of a major political party in the ruling coalition, who also happens to be the president of Pakistan, has categorically stated that under his co-chairmanship the party has taken a political decision not to obey some parts of the [2009] judgment," the order said, referring to Zardari's interview with a local TV channel last week. Even the prime minister and the federal law minister "have been harping on the same theme" in speeches in the parliament and through the media, the bench said in the order.

"Such an attitude, approach and conduct prima facie shows that the co-chairman, the prime minister and the federal law, justice and human rights division have allowed loyalty to a political party and its decisions to outweigh and outrun their loyalty to the State and their inviolable obligation to defy the constitution and all its commands," the order added.

Unfortunate

The bench said in the existing "dismal and most unfortunate situation" the court was left with no other option but to take appropriate actions to "uphold and maintain the dignity of the Court and salvage and restore the delicately poised constitutional balance in accordance with the norms of democracy".

Listing the options, the order said the court may hand down "a declaration" under the constitution.