The federation on Wednesday contended during the hearing on the review petition against the National Reconciliation Ordinance (NRO) implementation case that Prime Minister Raja Pervez Ashraf is protected by the constitution.
A five-judge special bench comprising Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal Osmany, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed heard the federation's review petition against the court's directives to the Prime Minister to write a letter to Swiss courts to reopen graft cases against President Asif Ali Zardari.
The apex court admitted last week the review petition for a preliminary hearing against the court's June 27 and July 12 orders on the implementation of its judgement in the NRO case. At the outset of hearing, Attorney General for Pakistan (AGP) Irfan Qadir sought the constitution of a larger bench to hear the review petition. His plea was rejected by the court.
The AGP contended that the same judges who gave the July 12 verdict should be present. Justice Asif Saeed Khan Khosa observed that four out of five judges were present in the court. Advancing his arguments, the AGP contended that the higher judiciary and the executive had their own limits and maintained that the judiciary could not interfere in the domain of the executive. According to him, the premier can interpret the Constitution.
He termed the indictment of former prime minister unconstitutional and contended that a premier could not be made a party to a case nor could he be given directions. Justice Khosa asked the AGP to apprise the bench about the provisions of Constitution under which a premier was not bound to observe the court's orders. Qadir maintained that the constitution did not provide immunity to a specific individual, but to the executive's post.
Justice Osmany remarked that it was the constitutional obligation of a Prime Minister to obey court's orders. He inquired about the identity of competent authority the court had to contact for the implementation if its order were not complied with. Qadir submitted that a few actions did not fall under the domain of the prime minister and writing a letter to the Swiss authorities was one such action. He argued that the court should avoid issuing directives to PM Ashraf "which he cannot comply with." The AGP further said that the premier was not answerable to any court under Article 248 of the Constitution. To which Justice Osmany asked, "Will he [PM] not be answerable if he murders someone?" Upon which, the AGP responded that this example did not pertain to the premier's official duties.
Justice Khosa asked the AGP, "What if the PM becomes a hurdle in the implementation of court's orders?" Irfan Qadir replied that he would then face contempt of the court charges. "That means he is answerable to the court," Justice Khosa remarked. Later, upon request of the AGP, the court adjourned the hearing of the petition for August 16. The AGP told the court that he would seek instructions from the government whether it still wanted to press the review petition.