NRO prevents judges restoration

This Musharraf-Bhutto deal would be remembered as "marriage of convenience." Under the provision of this ordinance, the NAB chairman shall not be able to arrest any sitting member of parliament or a provincial assembly unless he secures the consent of the Special Parliamentary Committee on Ethics, both at the federal and provincial levels. The NAB chairman will have to produce the entire material and evidence before the committee. It says, "No sitting member of parliament or a provincial assembly shall be arrested without taking into consideration the recommendations of Special Parliamentary Committee on Ethics or Special Committee of the Provincial Assembly on Ethics, before which the entire material and evidence shall be placed by the chairman NAB." This NRO introduced major amendments in the Code of Criminal Procedure 1989, NAB Ordinance, and Representation of the People Act 1976.

Howsoever looked at objectively no law knowing person can think otherwise except that this ordinance is an act of national dishonesty. There cannot be a more convincing evidence of the political bankruptcy of our civilian leaders than the spectacle of their secret intrigues with the generals for short-term political gains.

The National Reconciliation Ordinance of October 5 far from serving the cause of national reconciliation is simply meant to legalise the corruption and the crimes of the powerful in the country. The morality and principles of constitutional jurisprudence enshrined in the constitution forbid this kind of mockery of abuse of power. It is against the Objectives Resolution and also against many fundamental rights of the people of Pakistan. In particular, it is against Article 25, 9, 14 24 2, 2A and 4. It is also against international practices concerning corruption policies now mandated by the international community.

I cannot see therefore that the judges' restoration can take effect until Zardari finds some way to save the NRO from being legally demolished along with the other actions of Musharraf taken on November 3, 2007. This constitutional package announced this week contains 62 clauses would definitely contain a clause somewhere to accomplish this unholy end! Perhaps in exasperation the PPP co-chairman had to admit to his latest interviews with the foreign media that he remains under intense pressure to impeach Musharraf since in his view Musharraf remains a threat to democracy. I can visualise the president using his bullying tactics to browbeat Zardari in making political turns according to his wishes.

The writer is barrister at law (UK), senior advocate Supreme Court, attorney at law (US), and professor Harvard University