AG to submit approved summary on Swiss Cases in SC today
ISLAMABAD: A three member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Pervez and Justice Ghulam Rabbani will hear NRO implementation case in which Attorney-General Maulvi...
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AFP
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September 27, 2010
ISLAMABAD: A three member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, Justice Tariq Pervez and Justice Ghulam Rabbani will hear NRO implementation case in which Attorney-General Maulvi Anwarul Haq is to submit the law minister's summary which was sent to Prime Minister Yousaf Raza Gillani for reopening the Swiss cases against President Asif Ali Zardari.
The bench on Friday accepted the request of AG who informed that according to his knowledge the summary drafted by the Secretary Ministry of Law and Justice and submitted with the prime minister, had been approved.
"I was informed this morning that the prime minister has approved the proposals," he said.
He said that he would submit the summary by Saturday or Monday.
He contended that the contents of the summary could not be made public.
He also contradicted the contents of proposals contained in the summary and which were carried in a daily. He said these were not included in the summary moved to the PM.
The chief justice questioned if there was no system in the department to effectively control information contained in such documents.
If you have any instructions about privilege of the contents share it with us, he asked the AG.
Justice Tariq Parvez said that once a document was approved by the prime minister, it became public property.
The chief justice said the summary became most important after it was approved by the PM.
"We will have to see whether he has approved to implement the judgement in letter and spirit or deviated. We have to see whether he sits upon the judgement or implement it. The judgment has to be implemented with full force if there is rule of law in the country. You know if you take decisions on your own, it affect others as well," he said.
He further added "The prime minister is a wise man and he should know the consequences as well. If you do not implement court's orders tomorrow, a criminal would also defy them. If you implement a decision, it is good and if you do not we have to see what to do. If you start deviation from the Constitution, you are not doing it for yourself but telling something to other people. You know what I mean to say. The system has been restored with great difficulty."
The Chief Justice said that they sit in the court with open minds.
The bench was hearing a suo motu case regarding implementation of its orders on NRO.
During previous hearings, the same bench had directed the secretary law and justice to prepare a fresh summary and submit it to the prime minister.
Prior to it, a five-member larger bench headed by Justice Nasir ul Mulk in July had directed the secretary law to submit fresh summary with the PM.
The same bench had rejected a concise statement submitted by the Law ministry and stated that in its summary it had made proposals to the Prime Minister on non-implementation instead implementation.
It had ordered that the same summary would be ignored and a fresh summary should be sent by the secretary Law or whoever may be officiating as secretary regarding its NRO orders.