Experts divided over NRO cases

ISLAMABAD – There is a sharp divide in the constitutional experts on the fate of the cases withdrawn under the NRO, and most of them are of the view that the relief given under the ordinance could not be withdrawn even after the lapse of the ordinance on November 28.
While the other group says that once the NRO is lapsed all the cases dropped under it will automatically be reactivated.
These experts said that in the normal course of its lapse the relief given under the ordinance will remain valid and the same can be withdrawn only if the Supreme Court terminates it ab initio. There is no precedence that the relief once given under the ordinance is withdrawn in case of normal lapse of the ordinance, they added.
Under the NRO, around 3,000 cases of both corruption and criminal nature are withdrawn and a number of sitting MPs including the President of Pakistan have taken advantage of the ordinance.
The ordinance, which was promulgated by former President Gen. (Retd) Pervez Musharraf as part of his greater reconciliation policy, had died its natural death but later the Supreme Court had reactivated it along with over three dozens ordinances and referred them to the Parliament to decide about their fate.
Now after the clear stance of the government that they would not bring it in the Parliament it would lapse on the completion of 120 days on November 28.
Some of the legal experts view that if the Supreme Court takes up the pending petitions against the validity and legality of the ordinance and scraps it ab initio, only then the relief given under it can be withdrawn.
The sources in the government informed TheNation that PPP is formulating a policy to tackle the issue in case it is taken up in the court of law and in this connection the government’s legal and constitutional minds are busy drawing a strategy.
The NRO was challenged in the Supreme Court by Qazi Hussain Ahmad, Dr Mubassar Hassan, PML(N) President Shahbaz Sharif and Roedad Khan.
The sources said that the cases moved against NRO could be taken up for hearing any time by the apex court especially when the government has made up its mind not to bring it before the Parliament.