NRO Thrashed


17 Members Bench Of Supreme Court

17 Members Bench Of Supreme Court


Since the promulgation of NRO to date, it has always been confronted by absolute majority of Pakistanis. Now it’s adjudicated by 17 members bench of Supreme Court of Pakistan, after 5 hours of long discussion in a meeting room, to ultimately drub the NRO. A host of argle-bargles had kept on brewing in at times to prove and disprove if NRO was really an ordinance to subscribe to.


The controversy has now come to an end. A long standing issue is finally settled with a strongly yearned for decision.


Today again, I’ve started believing that the ‘Doctrine of Necessity’ — that has always been a part of Judiciary in the past — is now buried deep under the ground. This is the same de facto ‘Doctrine of Necessity’ that has ruined Pakistan all the time in the past. This decision of Supreme Court is lauded by everyone by and large. Some exceptions — when ‘Jiyalas’ are concerned at this particular event — are always there.


The recent decision has opened new horizons of Justice, and that how Supreme Court will adjudicate so many cases against the so many beneficiaries of NRO. Supreme Court should adjudicate the long standing cases imminently. But there are problems with the initial velocity of the proceedings at this beginning stage against the culprits since the hierarchy begins with the name of incumbent president of Pakistan Asif Ali Zardari who’s said to be the top banana amongst the NRO beneficiaries.


The Article 248 of the constitution of Pakistan gives legal immunity to the president of Pakistan. But there’s something startling in the same constitution under the article 25 of the constitution which guarantees that every citizen is equal before the law and is entitled to the equal protection of law. The startling thing is now about to begin that no ‘reference’ has been made in the article 25 of the constitution that can disjoin or conjoin article 25 with the article 248 and vice versa. So, if anything, it has in some manner become an oxymoron. However, at different places, there are quite a number of references mentioned in the constitution just in case that it wouldn’t become double-barreled.


Whatever the case see may, but the question is simple: why a president can’t be summoned before the court?


Once, Hazrat Omar RA appeared before the court of Medina. Somebody had made a complaint against him. The judge stood up to show respect to the Caliph as he entered the court. “This is the first injustice you have done to the plaintiff,” said Omar RA, addressing the judge.


Modern democratic states have yet to reach this level of democracy. Their heads cannot be summoned before an ordinary court.


Not long since the article 248 of the constitution has been challenged in Supreme Court — the petition of which was filed by Communist Party of Pakistan — which says that the article 41 of Chinese constitution gives courts the right to summon any leader including the president of China before the court. A socialist country can summon its president, democratic countries can’t. Gee whiz!


In a wake of this donnybrook, we should be thinking that why such looters and plunderers like Zardari hasn’t been punished ever in the past. Perhaps or rather we don’t have any quick response to this question — only when the de facto ‘greatest national interest’ is concerned — yet we’ve so many responses suddenly lining up one after other once the de facto explanandum is snubbed from the mainstream politics of Pakistan. One big response would be the uncontrolled state of accountability which, to all appearances, is now attempting to get back on the track.


The journey to provide justice to Pakistan — by Supreme Court judges restored after 2 years of interminable efforts and exertion of awaam — hasn’t finished after the annulment of NRO. The rejoicing is effective at the moment, but subject to change depending upon the performance of Judiciary in future, as I’ve an urge to remind this again and once again. Supreme Court must again prove its commitment to the Justice by rendering the Justice — again, in a manner which gives evidence about Justice. Justice is all we need.

This is for the genuine beneficiaries of NRO: for how long could you save yourself now? Your time’s up.

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3 Responses to NRO Thrashed

  1. Prudence says:

    Absar,
    I am simply in awe of your writing and your ability to make sense of very obscure, esoteric and wide-ranging information about both international and Pakistani law. Are you a law school graduate? If not, you should be at the finest law school in the world. The entire global community could benefit from your talent; you elevate the discussion to a higher level. I feel so lucky to have “stumbled” upon you! Peace, brother!

    • Absar says:

      Dear Prudence,

      It’s nice to see you on my blog. Thanks for your words. I always take it as a pride to have friends like you 🙂

  2. rich05 says:

    dear Absar,

    a good article, it was a good decision by the court,

    they should stop all this nonsense of immunity, it is ridiculous, you steal the country blind and then say u cannot be prosecuted bec of some stupd ordinence, it just encourages mpre people to be curropt

    it is simple in my book, law should be the same for everybody noone above law

    Rgds

    Richie

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