5/24/2010

SC begins hearing today potentially fateful cases

By Ahmad Kamal

ISLAMABAD: All eyes turn to Supreme Court this week as it begins hearing important petitions relating to 18th Constitutional Amendment, the striking down of National Reconciliation Ordinance (NRO) and the implementation of the apex court’s order about Swiss case.


   Chief Justice Iftikhar Mohammad Chaudhry has constituted a full court which will commence on Monday proceedings on 15 petitions challenging the setting up of a judicial commission under the 18th Amendment for appointment of superior court judges.

   The petitioners in this case argue that parliament’s involvement in the appointment of superior court judges will undermine the independence of judiciary.

   On Tuesday, the full court will take up a government petition challenging the striking down of NRO. It seeks a review of the Dec 16, 2009, judgment of the apex court which had declared the NRO unconstitutional.

   This petition has been moved by the federal government, former attorney general Malik Mohammad Qayyum, Chairman of NAB Naveed Ahsan, former prosecutor general Daneshwar Malik and former additional prosecutor general Abdul Baseer Qureshi.

   On the same day, a five-member bench of the Supreme Court headed by Justice Nasirul Mulk will be informed by federal Law Minister Dr Babar Awan about the status of implementation of the apex court’s verdict of revoking the NRO that required re-opening of Swiss cases involving President Asif Ali Zardari.

   Special security arrangements have been made by the Islamabad administration in and around the Supreme Court building.

   As speculations are rife about a possible confrontation between the judiciary and executive, the diplomatic community of Islamabad is closely watching the unfolding of events. Talking to Dawn, a senior diplomat of a western country asked if there was any possibility of a face-off between the government and judiciary getting defused before it causes a serious damage to the present set-up.

   He said the developments had generated uncertainties because discussions about confrontation were dominating the mainstream media.

   Another diplomat wanted to know if the government would submit itself to the apex court or adopt some other course. He said: “It is very unsettling for a country like Pakistan which is already bogged down in a myriad of problems.”

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