Implement NRO verdict by 10th, SC tells govt

Enough is enough’ appears to be the mood of the judges on the National Reconciliation Ordinance (NRO) issue as the Supreme Court on Tuesday gave the last warning to the government and all authorities concerned to ensure implementation of its decision declaring the NRO unconstitutional without fail by January 10, otherwise it would not pass any more orders but would directly take action. Taking strong exception to the government’s dilly-dallying on the implementation of its orders regarding the NRO, the apex court warned that it would “take action against those responsible for not implementing its decisions irrespective of their offices or official authority”.
“Make it clear to everyone concerned that the next date of hearing will be the last and final and the court will take appropriate action in case of non-implementation of the NRO verdict, no matter how high an authority they enjoy,” a five-member special bench, headed by Justice Asif Saeed Khan Khosa, ruled. On the last hearing of the NRO implementation case, the court was informed that Adnan Khawaja was appointed the Oil and Gas Development Company Limited (OGDCL) managing director on verbal orders of Prime Minister Yousaf Raza Gilani. The court asked on Tuesday if the National Accountability Bureau (NAB) would investigate the matter of Khawaja’s appointment or the court should investigate it. NAB Prosecutor General KK Agha told the court that the bureau investigated only those cases in which official authority had been misused. He said the matter pertaining to Khawaja was related to faulty appointment. “Is appointing a matriculate head of the OGDCL not misuse of authority?” Justice Khosa questioned and said NAB silence over the misuse of official authority was a criminal negligence.
The court directed the accountability watchdog to investigate the appointment and directed the NAB chairman to personally appear on the next hearing along with records and explain the appointment of Khawaja and Ahmad Riaz Sheikh, a convict and beneficiary of the NRO, who was reappointed an additional director general of the Federal Investigation Agency (FIA). The court noted that Sheikh was a convict thus an enquiry into his reappointment was required. The court also summoned the acting law secretary, who had prepared the summary of Sheikh’s reappointment. When the court enquired whether a letter was written to Swiss authorities after dismissal of a review petition against the NRO verdict, Attorney General Maulvi Anwarul Haq contended that the letter to the Swiss authorities could not be sent so far as the matter of sending such a letter was postponed because of the hearing of the NRO review petition. Justice Khosa noted that the court did not order a stay on the implementation of the NRO verdict during the hearing of the review petition against the NRO verdict.
He said enough time had lapsed since the dismissal of the review plea against the NRO judgement but the letter had still not been sent to Swiss authorities. The attorney general then stated that the reply to this question had to be given by the law secretary, who was currently abroad. Justice Khosa noted further that during the last hearing of the NRO implementation case, the court had directed the prime minister to dispatch a new summary to the Swiss authorities, as the previous summary comprised the government’s standpoint over the matter instead of undertaking the NRO implementation. He also remarked that the law secretary, who had sought more time for a new summary, did not turn up despite being summoned. Later, the court adjourned further hearing until January 10.