NRO - A Failed Washing Machine

By Tariq Mian

Another unanimous land mark ruling by the seventeen-member bench of the apex court declaring the controversial national ordinance as null and void in ‘a short order’ is indeed a great blessing for the nation. Among other things, the court has also specifically ordered the government to immediately reopen the Swiss cases concerning Pres Zardari. Actually, the ex Pres Musharraf tried to offer a ‘legal umbrella’ (amnesty) in order to whitewash “a huge loot of national wealth” by more than 8000 individuals including senior politicians and bureaucrats in order to allow Benazir Bhutto to return home under a power sharing deal. The court ruled that the law "seems to be against national interests thus it violates the provisions of the constitution". Therefore, the NRO, an invention of Mr. Musharraf has finally been scrapped by the said verdict.

As the Supreme Court has called for all these cases to be re-opened, with hundreds of senior politicians and bureaucrats now facing criminal and corruption charges, all old cases that had been dismissed under the NRO, now stand revived and can now be reopened as per the court orders. The court said that all previous orders that were passed and all acquittals under the NRO were illegal and never existed. The apex court in its order also said that all convictions that were held prior to the enactment of the NRO stand revived as well.
According to the judgment, the NRO is contrary to the equality guaranteed by the 1973 Constitution of Pakistan. Similarly, all the cases, disposed off because of the controversial ordinance, now stand revived as of Oct 5, 2007 position, said the judgment.
All previously written requests made to Swiss courts for the withdrawal of cases were also declared unconstitutional. "The provisions of the NRO seem to be against national interests thus it violates the several provisions of the constitution," the ruling said.
Earlier, while hearing petitions against the NRO, the chief justice remarked that even parliament had no right to change the basic structure of the constitution.
“In accordance to oath, we are committed to safeguard the constitution,” he remarked.
Earlier, the CJ warned the NAB Chairman Naveed Ahsan about a stern action if something false detected in the list. He made him certify the list as correct.
The court summoned the summary file of directives issued for the elimination of the Swiss cases when the hearing resumed on Wednesday.
The court was angry with the Acting Attorney General for concealing the truth.
The principal secretary of President Salman Farooqi informed the court that cases files are not present in presidency. The files were in president’ camp office in Rawalpindi.
In his remarks, chief justice said how assembly could declare corruption as legal.
Mr Zardari faces several pending court cases against him in Pakistan.
Although, the court's move opens the way to possible prosecution of Mr. Zardari's political allies, yet, he is still protected by Presidential immunity under the Constitution of Pakistan. Nevertheless, it is much better for the bunkered President to step down in order to let the government function smoothly in the best interest of Pakistan.

The writer is an independant analyst based in Canada.

Re: Will the SC also review how 15/20 years old NRO cases remained unheard or undecided all these years? The News Blog Pakistan.

Almost At A Point of No Return

Pakistan has been facing a challenge of self-survival. It takes one step forward followed by two or more steps backward just for the sake of self security, and the whole country still remains in the tight grip of rampant corruption and a massive poverty at a huge scale. The poverty-stricken masses have exhausted their patience.

The social diseases such as the sardari system, vaderaism, choudrahat and other mafias have been all over the poor nation-causing misery and cruelty to the enslaved masses.

On the other hand, lack of democratic maturity and too much of military involvement in the civilian administration has cost the nation tremendously.

Although, the so-called democracy has finally started working half heartedly, yet it still suffers a set back due to a civilian dictator.

Good news is that a gradual transfer of power has finally started to reach where it really belongs. It is also encouraging that the newly revived judiciary has almost begun to decree the matters on merit basis.

With the demise of the notorious National Reconciliation Ordinance (NRO), the country can hope for getting the looted wealth back. However, the Judiciary must take sou motto notice of the manipulated removal of evidence from the Swiss lawyer’s office by the government of Pakistan just to help the VIP personality. The ball is now in the court of judiciary to punish the culprits-despite failed attempts on the life of CJP Justice Iftikhar Muhammad Choudhry.

In fact, the inflationary pressure is not national, rather it is worldwide due to the war hysteria ongoing constantly for the last many years. Nevertheless, the federal government must reprioritize the issues in line with the national interests in view of the skyrocketing fuel cost, yet, it seems tough to stabilize democracy and national economy with a beggar’s bowl in hands.

And, the Oil and Gas Regulatory Authority (OGRA) seems compelled to impose tax on fuel to satisfy the conditionality imposed by the IMF. However, petroleum ministry officials claim that the impact of oil prices in the international market is passed on to consumers as government taxes are fixed.

The culture of taxing puts extra pressure on the people with more inflation and price hikes of every item of their need. The electricity, gas, agricultural inputs and items of daily use have become more expensive.

The hike in the petroleum prices would lead to add further to the cost of transporting goods and other fares, hence the fragile economy would deteriorate further in the coming days.

According to Lahore Chamber of Commerce and Industry, over 7% hike in prices of petroleum products would hit hard both the industrial and agriculture sectors besides stoking up inflation, the entire industrial sector was already facing multiple internal and external challenges and the petroleum price increase would further aggravate the economic situation and after increase in petroleum prices, power rates would touch new highs. The Pakistan Industrial and Traders Associations Front (PIAF) termed the increase in petroleum prices anti-trade, anti-industry and anti-people.

In fact, the IMF sets macro-economic parameters within which a government receiving funds is advised to operate by reducing expenses and by increasing revenues. The government fails to check rampant tax evasion. Indirect taxes are the easiest way to mop up revenues. It is easier to increase rates of gas, electricity and petroleum product than correcting corrupt business persons and crooked officials who are responsible for stealing Rs 500 billion a month.

To cover up the lost revenue due to tax evasion, the government conveniently arranges a steady revenue flow from petroleum products by increasing prices in line with global rates of crude oil.

Fairly speaking, a shifting of burden of oil price hike to the poor masses is unjustifiable, rather, the State should eradicate corruption, curtail expenses and discontinue non-productive expenditures and projects.

The writer is an independant analyst based in Canada.

Re:Sharp rise in petroleum products’ prices shocks the poor hoping for change from democratic, judicial revolution. - price of petrol has been increased from Rs61.63 to Rs66 i.e. by Rs4.37----Viewer's Forum-

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