Tuesday, August 2, 2011

**JP** Re: - The long list of SC orders, violated and defied

EVEN THAN THEIR SUCH VOILATION OF SC ORDERS AND CORRUPTION IN FULL SWING BY THE PM, SADAR, MINISTERS,,, WHY ALL THE POLITICAL PARTIES ARE STILL SUPPORTING THIS GOVT... WHY DON'T THEY SUPPORT TO SC AND JUDGES.... WHY THEY ARE STILL IN THE OFFICE,,, BECAUSE THAY HAVE NO SHAME AND GHAIRAT,,,, BUT BAYGHAIRAT,,,, BAYGHAIRAT,,, BAYGHAIRT,,, CHORE,,,, DAKU,,, LUTAIRAY.
ISLAMABAD: The Zardari-Gilani government has so far violated or refused to accept at least 18 major and minor Supreme Court verdicts and directives ever since the Supreme Court penned down the NRO judgment against the corrupt politicians.
The government seems to be on a mission to defy court verdicts beginning from the NRO judgment to the probe into the Haj fraud, NICL swindle, Pakistan Steel's plunder, Bank of Punjab scandal and the re-employment fraud. The Supreme Court has been repeatedly passing orders, giving directions and seeking changes, but the government remained disinclined to respect the topmost judicial body of the country.
In the case of Deedar Shah's removal by the SC, the Pakistan People's Party even called for a strike in Sindh province, a rare example the Pakistanis have ever seen in the past sixty-four years.
At times, SC was heard frustratingly complaining that its orders were not being implemented. On one occasion, Chief Justice Iftikhar Mohammad Chaudhry had to ask Attorney General Maulvi Anwarul Haq how many orders of the Supreme Court had not been obeyed. Haq could not do this counting.
He would perhaps not know how many attorney generals, law secretaries and other officials had to resign because of the government's non-seriousness towards the implementation of the apex court's decisions. Several times, the government was even grilled but it remained adamantly defiant despite some tactical retreats.
In almost every major corruption scandal and in the NRO case too, the government has tried to defy the Supreme Court's orders and is continuously defying the apex court's verdicts and directions.
The SC, on the other hand, has shown extraordinary leniency to the federal government's contemptuous response to its repeated orders.
Following is the list of government's defiance of SC orders and events occurring out of that attitude.
1: The government got into a confrontation mode with the SC after the apex court handed down its landmark judgment in the NRO case in December 2009. Within weeks of this judgment, the government refused to appoint Justice Khalilur Rehman Ramday as ad hoc judge of the Supreme Court and sat on the recommendations of new judges in the superior judiciary.
2: In February 2010, President Asif Ali Zardari, on the advice of Prime Minister Yusuf Raza Gilani, turned down the recommendations of Chief Justice Iftikhar Muhammad Chaudhry and notified the elevation of the then Chief Justice of the Lahore High Court, Justice Kahwaja Muhammad Sharif, as Supreme Court judge while Justice Mian Saqib Nisar was made acting LHC chief justice. Justice Saqib Nisar refused to take oath, as it was unconstitutional while Justice Khawaja Shaif also remained steadfast. Meanwhile, a three-member special bench of the Supreme Court suspended the notifications and declared them unconstitutional.
It led to a tactical retreat when the PM surprised many when he reached the Supreme Court to attend a reception and invited the Chief Justice to the Prime Minister's House. The next day the chief justice of Pakistan had a one-to-one meeting with the premier, and finally the government gave in to the Supreme Court.
3: The government, despite numerous directions by the apex court to write letter to the Swiss authorities regarding reopening of $60 million corruption cases against President Zardari, has yet to act in accordance with the NRO judgment. Over 19 months have passed, but the NRO judgment remains unimplemented.
4: On March 30, 2010, the National Accountability Bureau was given 24 hours to write a letter to the Swiss authorities; upon failure the NAB chairman was warned of facing jail. On March 31, the then Attorney General Anwar Mansoor informed the SC that law minister Babar Awan was creating hurdles in the reopening of the cases withdrawn under NRO. The court directed the government to send the letter to the Swiss authorities regarding reopening of corruption cases by 1pm the same day, but nothing moved even after the lapse of thousands of hours.
5: On April 2, Attorney General Anwar Mansoor Khan resigned from his office, accusing the law minister of preventing him from performing his duties with regard to the implementation of the SC order to reopen cases in the Swiss courts.
6: In May the same year, the new attorney general stunned the court with his statement that the matter relating to Swiss cases had ended and there was no need to revive mutual legal assistance in probing money-laundering cases. Meanwhile, the entire NAB management was changed and Javed Zia Qazi was appointed as its acting chairman and Irfan Qadir as its prosecutor general.
7: The Supreme Court took up the petitions challenging these fishy appointments. On September 1, 2010 the apex court declared the appointments of NAB prosecutor general Irfan Qadir and NAB acting chairman Javed Qazi illegal and unlawful, directing the government to appoint new NAB chairman within 30 days. But here too the matter was delayed and finally President Zardari's confidant and a known PPP Jiyala was appointed as new NAB chairman that too in a controversial manner and allegedly without following the set procedure.
8: The Supreme Court on September 21, 2010, directed the law secretary to present before the court, within three days, the summary for the reopening of Swiss cases. Instead, a summary in defiance of the NRO judgment was sent to the prime minister, who had reportedly approved the same, but it was never presented before the apex court. Instead more time was sought by the government to implement the judgment. The court allowed two weeks time.
9: In the Bank of Punjab scandal, the government refused to appoint the then Anti-Narcotics Division Secretary, Tariq Khosa, as head of the investigation team as desired by the Supreme Court. The apex court wanted a fair probe into the matter because a few lawyers, including Babar Awan, were facing allegations of taking bribe in the name of judges. The CJ had observed that there were serious allegations against the law minister therefore the court has ordered the NAB chairman to appoint an honest officer for conducting an inquiry.
10: In another high profile case regarding Rs22 billion corruption scandal in the Pakistan Steel Mills, the then FIA Director General Tariq Khosa, who was investigating the scam, was removed after the apex court expressed its complete satisfaction with his work. The SC expressed its displeasure over the change of investigation team in the Pak Steel case and also later rejected the FIA report on Pakistan Steel Mills case. More importantly, the interior minister was issued a contempt notice in the case, which involved Riaz Lal Gee, a close friend of President Zardari. However, the contempt proceedings were not pursued by the SC and the matter is still pending.
11: The interior minister also landed in thick soup when in May 2010, the Lahore High Court dismissed an appeal against his conviction in two NAB references. President Zardari, himself an NRO beneficiary, had to jump in with his constitutional authority to grant pardon to the minister immediately.
12: One of the closest cronies of the president and former FIA DG Ahmad Riaz Sheikh was arrested from the courtroom after the SC took suo moto notice of his illegal promotion. While he was in jail, not only important PPP personalities met him, but the president also granted general remittance to all prisoners to get the sentence of Riaz Sheikh remitted. Another NRO beneficiary, Sajjad Haider, staff officer of the interior minister, who is also a co-accused in the Yellow Cab scam with the interior minister, was also granted pardon when his conviction was upheld by the LHC along with the minister.
13: During the past few months, the FIA is trying to dodge the apex court in multi-billion scandals relating to the Haj operation and NICL fraud. SC had asked government to remove Wasim Ahmad, who is was a retired police officer but was re-employed, from service while the Gilani-led government had once again shown defiance to the apex court's orders and did not remove him from the service. The non-seriousness of the government can be well judged from a recent incident when a summary produced by Secretary Establishment in Wasim Ahmad's case was termed a joke by the SC.
14: Moreover the government, despite clear orders of the SC, has not removed the contract and re-employed employees from the service who run into hundreds. Only eight have been removed so far.
15: After the apex court declared the appointment of chairman NAB Deedar Shah as null and void, the government once again showed defiance and there are reports of Deedar shah being once again made the chairman NAB. PPP Sindh even called strike against the apex court's judgement, something unprecedented in the country's history.
16: Of late, two successive establishment secretaries had to face the wrath of the prime minister for implementing the orders of the court. On Tuesday Sohail Ahmad, the incumbent secretary establishment, was removed and made OSD for posting Hussain Asghar back to the FIA on court orders. In the same month, Suhail's predecessor Rauf Chaudhry had to face the wrath of the prime minister when on July 1 he had issued the notification for the return of Zafar Qureshi in the FIA to implement the Supreme Court order. Rauf Chaudhry, who retired on July 6, was reprimanded by the PM's office for issuing the notification. He, however, made it clear that he had no choice but to obey the order of the apex judicial body of the country. Though Suhail Ahmed has been immediately made an OSD, Rauf Chaudhry was allowed to continue for the remaining five days of his service as secretary establishment. However, on July 2 Rauf Chaudhry received a summary for the Prime Minister from the interior secretary seeking Gilani's approval to seek explanation from Zafar Qureshi for his reported statement. Rauf Chaudhry forwarded the same to Prime Minister Gilani, who instead ordered the suspension of Zafar Qureshi. This order, which clearly reflected personal bias of the Prime Minister, was not notified by the Establishment Division under Rauf Chaudhry. It was the interior secretary who issued the notification for the suspension of Zafar Qureshi.
17: The apex court has been ordering the incumbent DG FIA Tehsin Anwer Shah to appear before the court but he too like the PPP government has been playing hide and seek with the court. SC even ordered to bring Tehsin handcuffed before it if he does not come himself.
18: The government also did not pay any heed to SC's direction of reinstating Zafar Qureshi as chief investigator of NICL scam. The secretary who notified his reinstatement was asked to seek explanation from Qureshi over a media statement and when the summary reached the PM House, PM Gilani suspended Qureshi and got his suspension notified from the interior secretary.


On Tue, Aug 2, 2011 at 11:52 AM, Overseas Pakistanis <overseas.pakistanis@gmail.com> wrote:
 



---------- Forwarded message ----------
From: Ishrat Salim

The list is long yet the govt says is implementing court orders...?? & by the way...on whose side is Justice Javed who says that the govt is implementing orders but with some delay.....?? he is the only one from the fraternity side to believe that & ALL others are fool to hv supported the SC & CJ in this matter due to the govt`s continued definace & non-compliance of SC orders.

 http://images.thenews.com.pk/28-07-2011/ethenews/t-7701.htm

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