SC hears NRO implementation case
ISLAMABAD: The Supreme Court is hearing NRO implementation case in which it had directed Prime Minister Raja Pervaiz Ashraf to implement its order by writing a letter to Swiss authorities to reopen...
July 25, 2012
A five-member bench, led by Justice Asif Saeed Khan Khosa and comprising Justice Ejaz Afzal, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Athar Saeed, is seized with the case.
NAB Prosecutor General KK Agha informed the court about the progress made in Adnan Khwaja, Malik Qayum and Ahmed Riaz Sheikh cases.
The NAB officical told the bench that the investigation against the out of rule appointment of Adnan Khwaja as OGDCL chief has been completed and the matter is now in prosecution phase adding that the NAB Board will decide upon the matter in next 2-3 weeks.
About Ahmed Riaz Sheikh, the court was informed that the decision has been made to file references against three persons within three weeks after the conclusion of probe.
The Attorney General for Pakistan on Tuesday submitted before the court that the prime minister under the constitutional scheme of the country, was bound to act under the advice of his cabinet, but with respect to the implementation of para 178 of the NRO judgement, he did not receive any such advice.
Attorney General Irfan Qadir submitted this in a civil miscellaneous application with the apex court, which was rejected by the SC Registrar Office.
The AG said in the application that the court's direction for the PM could be effective if under Article 90 of Constitution of Pakistan, comply with para 178 of the judgement, he was advised by the federal cabinet.
He was also bound to refer the issue to the cabinet for discussion or advice under Rule 16, he added.
"That since the new Prime Minister has not received any such advice from his cabinet to implement para 178, he is, therefore, not obliged under the Constitution and the Rules of Business made thereunder able to do so," the AG said.
