Resuming the hearing of National Reconciliation Ordinance (NRO) review petition case on Wednesday the full court of the Supreme Court (SC) questioned whether anybody's right was impeached or any component of the federation was hurt by the SC verdict on NRO. The bench allowed former law minister Babar Awan to plead the case on behalf of the federation on merit.
During the course of the day-long hearing, the bench observed that the scope of review petition was limited whereas federation's counsel contended that the petition was unique in its nature. Awan submitted that strict observance of judicial restraint would support the system to exist, otherwise there would be a strong possibility of a clash between the institutions, adding that the federation believed in protecting the Constitution of Pakistan.
Awan contended that federation's responsibility included protection of citizens' rights, laws and constitution of Pakistan and dichotomy of power vested in the Constitution. He further submitted that the federation was not heard in the case, adding that the NRO was a temporary law, promulgated by former dictator Musharraf which lapsed after 120 days, adding that President was part of the Parliament.
Awan added that no accused could be punished in absentia and "that is why closed cases cannot be reopened," adding that the "SC cannot direct the federation to reopen the cases abroad." The Chief Justice asked why the federation was interested to support a law under which corruption would flourish. Awan replied that the life of NRO was over. On the occasion, an exchange of bitter words and recitation of excerpts from Urdu poetry was witnessed between Awan and the SC judges during the hearing of the case.
Awan apprised the bench that Lahore High court had given stay order in a tax evasion case of Rs 100 billion. "Mr Babar we had summoned FBR chairman and asked him to pursue the cases of tax theft," Justice Jawwad S. Khuwaja told Awan and added that the FBR chairman was not an employee of the court.
"You should not speak about the matter about which you have no knowledge," the bench asked Awan. "You should limit yourself to arguing your petition". Awan said larger benches had been formed but several cases were not heard. The Chief Justice asked the counsel to cite any particular case not heard by the SC. According to Awan, Asghar Khan case is still pending in the apex court for a very long time.
"You should not intervene in regulating the case as you are not the Chief Justice," the CJP directed Awan. Awan submitted that he was definitely not the CJP but he was a fan of him. "You either came here to argue the case or to point scores," the CJP asked. The CJP directed Awan to complete his arguments before 11am on the next hearing and adjourned the case till November 24 (today).
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