ISLAMABAD:
The Supreme Court has given August 08 deadline to Prime Minister Raja
Pervaiz Ashraf to implement its order by writing a letter to Swiss
authorities to reopen the graft cases against President Asif Ali
Zradari,
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.
Attorney General Irfan Qadir
assured the court to make serious efforts to resolve the ongoing crisis.
On July 12, the prime minister was directed to write the letter by July
25 and submit the compliance report.
Justice Asif Khosa remarked
that President Zardari is our president as well and if he enjoys global
immunity then the court is ready to help in this regard.
The AG
argued the July 12 court order could not be implemented as it differs
from the earlier judgement, adding that a sitting prime minister was
removed from the office unconstitutionally.
"The NAB is not
accountable before the court and that the NRO order has several flaws in
it. The court has no jurisdiction over any NAB official and can not
issue direction to any of them."
AG Irfan Qadir also demanded Justice Khosa's removal from the bench.
On
this, Justice Khosa said we are also not in favour of sending prime
minister home; you can think of ways to come out of this issue.
The
court has taken a certain position in this NRO case and it can't be
readjusted, it is possible only in politics, Justice Khosa added.
The
court order said bridging the gap between two state organs was not
impossible and the honourable AG has assured to make sincere efforts to
resolve the tussle. There is a false tension among the institutions and
the court hoped that by the next hearing a workable solution would be
sorted out.
During proceedings, NAB Prosecutor General KK Agha
informed the court about the progress made in Adnan Khwaja, Malik Qayum
and Ahmed Riaz Sheikh cases.
The NAB official 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 further 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 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.
He
submitted this in a civil miscellaneous application with the apex
court, which was rejected by the SC Registrar Office the same day.