On the last hearing on July 25, a five-member headed by Justice Asif Saeed Khan Khosa granted Prime Minister Raja Pervaiz Ashraf two weeks to write letter to the Swiss authorities for reopening the graft cases against President Asif Ali Zardari.
The court threw the ball in attorney general’s court asking him to find some wayout to the gridlock. “We trust that the gap between the stated positions of two institutions is not impossible to bridge and we wish him (AG) well in his endeavour to resolve the pending issue,” he said.
But at the same time, the judge said that the court cannot withdraw from its stated position and the letter should be written to the Swiss authorities. The attorney general assured the bench that serious and genuine efforts would be made to resolve the issue.
so-called standoff between the two important and critical institutions of the country.
Talking to TheNation on phone from Lahore on Saturday, Attorney General Irfan Qadir said still there were four days to the hearing of NRO implementation case. He said: “I would try my best to find out some middle ground to resolve the matter as clash between the institutions is not in anyone’s interest.”
The AG said that efforts were being made in this regard, but avoided to talk further on the case. He, however, opined: “The striking down of Contempt of Court Act-2012 has nothing to with the NRO implementation case, as both the cases are of different nature.”
The sources have shared that the government may file the review petition against June 26 and July 12 orders. The federation had filed a review on July 24, but the SC Registrar returned it with objections. After that the federation did not press it. The sources said that the review petition would be filed again on Monday or Tuesday next week.
The court on July 12, 2012 had ordered the incumbent prime minister to act in the matter forthwith, saying; “PM Raja Pervaiz Ashraf has merely stepped into the shoes of his predecessor in office and, thus, he too is bound to implement the relevant directions of the court regardless of any advice tendered earlier or in future.”
On 8-3-2012 the court had directed the former PM Yousuf Raza Gilani to write the letter to the Swiss ‘regardless of any advice tendered earlier or in future, as he being the Chief Executive of the Federation, admittedly has the final say in the executive domain.’ On his refusal to comply with the court directions the contempt proceedings against him were initiated.
In the last reply filed by the federation, it said that under article 90 of the constitution, the advice of the federal cabinet was binding on the prime minister and the cabinet has not yet made any decision to write letter to the Swiss officials. It prayed to the court to recall its subsequent orders, passed on June 26 and July 12, 2012, in which the PM was directed to implement para 178 of the NRO judgment.