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A 17-member bench of the Supreme Court on Thursday allowed federation's counsel Babar Awan to submit additional documents affecting adversely the federation, declaring that no further additional document relating to any individual would be accepted in the case.
Chief Justice Iftikhar Muhammad Chaudhry while hearing National Reconciliation Ordinance (NRO) review petition told Awan that being an experienced lawyer he should know that the court did not allow the submission of additional documents during hearings of review petitions.
The bench directed Awan to submit a written statement, but he insisted that he would like to present relevant documents before the bench. Awan said the present independent judiciary had jurisdiction to accept additional documents in the review petition by exercising its discretion, adding that so many applications were heard in the apex court for which remedy was not available in the constitution.
While addressing Babar Awan, the Chief Justice said that rule of law was established through SC verdict on NRO as those who considered them above the law faced trial after the judgement was announced. "The Prime Minister faced the cases instead of becoming a beneficiary of the NRO whereas Federal Interior Minister Rahman Malik appeared before the court.
On the occasion, the Chief Justice cited former premier Bhutto's stance on the NRO, saying she was never interested in the NRO, rather it was the then President, Pervez Musharraf, who wanted to impose it on the country for his own benefits. The CJP appreciated the vision of the late Benazir Bhutto. According to him, she was not a great leader of Pakistan but the whole world. The CJP added that if the late Benazir had struck any deal on the NRO, she would have not supported the lawyers' movement in Pakistan.
The CJP revealed that Benazir announced a long march at Sardar Latif Khosa's house in Lahore. Because of her action, nobody from PPP had filed a review petition on NRO verdict, he said and added that NRO beneficiary were some other persons.
The Chief Justice expressed his satisfaction over the functioning of democratic system in the country, saying the parliament did not grant approval to the NRO, adding that the larger bench has been hearing the case for four days but no broader prospective was presented before the bench. Justice Saeed Khosa questioned whether a broader perspective means to avoid proceedings against those whose cases were reopened after NRO verdict was declared void ab initio.
On the occasion, Waseem Sajjad, counsel for former Chief Justice Lahore High Court and Attorney General for Pakistan Malik Qayyum, former Chairman NAB Naveed Ahsan, former Prosecutor General NAB Danishwar Malik and Baseer Qureshi Deputy Prosecutor General NAB appeared before the bench in person and delivered arguments.
After hearing all the four persons the bench amended NRO verdict relating to them slightly, saying that observations in the case would have no adverse impact on their future careers. Meanwhile, Advocate on Record Raja Ghafoor's unconditional apology was accepted by the bench and former solicitor federal Ministry of Law was given time to appear before the bench. The hearing was adjourned till November 25.

Copyright Business Recorder, 2011

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