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The government on Wednesday told the apex court that it would challenge the reopening of the Swiss cases filed during the tenure of former Prime Minister Mian Nawaz Sharif.
"We would submit a separate application against the letter written during the reign of Nawaz Sharif for reopening of Swiss cases and we are lucky that Justice Saqib Nisar is sitting in this court," Dr Babar Awan, counsel for the federation, told the 17-member full bench hearing the government's review petition against the apex court's December 16, 2009 verdict, which declared the NRO, promulgated by former military dictator Pervez Musharraf, as unconstitutional.
Resuming his arguments, the counsel submitted that if the office of Attorney General is competent to write a letter, the same office is also competent to withdraw it. "What would be the ultimate result if your formulation is accepted?" the Chief Justice asked Babar Awan, noting that in such a situation, the NRO would stand restored.
Babar Awan replied that he would not ask for restoring the said law but believes that institutions should be strengthened and allowed to flourish. The court asked the counsel how the judgment on the NRO affected the federation. Justice Saqib Nisar asked Awan who are the people who are affected. "Directly come to the point how the federation is affected," Justice Asif Saeed Khan Khosa asked Babar Awan. The counsel replied that the court gave its verdict at a time when NRO did not exist as a law, adding that the federation had not defended it.
The counsel, however, contended that the federation's main function was to protect the rights of citizens, to protect the laws and Constitution and to protect the institutions, adding that trichotomy of power given in the Constitution was violated in the NRO judgment.
During the hearing, Babar Awan exchanged interesting verses with the court. At one point, he said: "Meray mizaj ka is mein koi kasoor nahin, teray salook ney badal diya lehja mera". "Hamara lehja tu muhabat wala hey", the Chief Justice replied. Babar Awan said: "Muhabat main koi limitation Act nahi hota. Yeh sada key liye hota hey".
During the hearing, Babar Awan, while questioning the jurisdiction of the apex court, submitted that promulgation of the ordinance was the power of the president, which is effective like an Act of parliament. Justice Asif Saeed Khosa observed that, on the one hand, the counsel says that an ordinance is effective like an Act of parliament while, on the other hand, he (Awan) claimed not supporting the NRO.
The counsel submitted that the SC declared NRO as repugnant to Islamic teachings while the fact was that such matters could only come to the Shariah court and the Supreme Court did not have the jurisdiction to hear such matters.
The court observed that the review petition's scope was limited but Babar Awan contended that the petition was unique in its type in which the court did not provide a chance to plead. Babar Awan submitted that observance of judicial restraint would allow the system to exist, otherwise there would a chance of clash between the institutions.
He further submitted that the federation was not heard in the case, adding that NRO was a temporary law, promulgated by former dictator Musharraf, which lapsed after 120 days. The counsel contended that accused cannot be punished in absentia and that is why closed cases cannot be reopened, adding that the SC cannot direct the federation to reopen cases abroad.
The chief justice asked why the federation was interested in supporting a law under which corruption will grow, to which Awan replied that NRO's life was over. Hot words were exchanged during the proceedings. At one point, the chief justice said no one was ever given concession and the court wanted to recover the looted money, within the country or abroad. At this, Babar Awan told the court that Lahore High court had given a stay order in tax evasion of Rs100 billion.
Justice Jawad S Khawja, however, reminded the learned counsel that they had summoned the FBR chairman, asking him to pursue cases of tax evasion.
"You should not speak about the matter about which you have no knowledge," the bench told Awan. "You should confine yourself to arguing your petition." Babar Awan, however, submitted that larger benches had been formed but several cases were not heard, upon which the Chief Justice asked him to point out which cases the SC did not hear.
Babar replied that the court had not yet taken up the petition of Air Marshal (retd) Asghar Khan, pending before the court since long. "You should not intervene to regulate the case as you are not the Chief Justice," the CJP observed. "Definitely I am not, but I am your fan," Babar Awan replied.
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babar awan ki media se guftuguby iloveasif1986809 views
babar awan zadrai ko jootay chat'ta ha to isi k liye kaam karay ga na.... well done SUPEREME COURT....great jop by all judges..Pakistan Zinadabad...
1w2a3q 3 months ago
Amazing Development...
Bilsher007 3 months ago