ISLAMABAD – Supreme Court on Tuesday gave the government two-week ultimatum to submit a report on steps being taken to reopen corruption cases against President Asif Ali Zardari and other politicians. A panel of five judges questioned Law Minister Babar Awan in the court, giving him two weeks to submit a “concise” report and adjourning the hearing until June 10. “There should be a clear reply as to what steps have been taken in implementing the NRO verdict and whether the government intends to implement the whole order or not,” said Justice Raja Fayyaz.
On its part, the government surrendered before the apex court verdict on NRO, as Federal Minister for Law and Justice Babar Awan while appearing before the court agreed to submit a concise report on details of graft charges of $60 million against President Asif Ali Zardari.
Accompanied by more than 15 federal ministers and advisers, Babar Awan appeared before the five-judge bench of the Supreme Court headed by Justice Nasir-ul-Mulk and comprising Justice Jawad S Khawaja, Justice Raja Fayyaz Ahmad, Justice Tariq Pervez and Justice Rehmat Hussain Jafferi and told that he had documents containing certain aspects which had never come before over the issue.
“There have been no proceedings. There was absolutely no case,” he asserted. Citing legal provisions, he said no prosecution ever took place and the issue was confined to investigation process only. Awan further told the court that the government had implemented nine out of ten directions envisaged in the Supreme Court’s NRO verdict while on tenth one, process was in place having legal intricacies. The court, however, ignoring the legal implications including the presidential immunity, inquired about $ 60 million, which put him into trouble.
To Justice Raja Fayyaz AhmedÂ’s question over claimantsÂ’ status on this amount, he said that he did not know about them.
Arguing different aspects of the Swiss cases Babar Awan claimed before the bench that no case was filed against President Asif Ali Zardari in Switzerland. Justice Jawad S Khawaja asked Babar Awan to tell the court about the current status of $ 60 million regardless of other aspects of the case.
Babar replied that it was merely a notion and an exaggerated figure.
Several federal ministers and high profile government figures including Qamar Zaman Kaira, Raja Pervaiz Ashraf, Ayatullah Durrani, Makhdoom Amin Fahim, Sardar Assef Ahmad Ali, Latif Khosa and other PPP leaders including the presidential spokesman Farhatullah Babar were present in the courtroom.
Awan was summoned by the court to explain the reasons for the delay in the implementation of the courtÂ’s verdict on NRO. The federal law minister said the government was not using the delaying tactics for implementing the NRO verdict. The federal law minister said the summary for reference against former Attorney General Malik Qayyum has been sent to Prime Minister Syed Yousuf Raza Gilani. Two National Accountability Bureau (NAB) courts have been sanctioned to be constituted in Islamabad, he informed the court.
The number of prosecutors of National Accountability Bureau (NAB) is being aggrandized, the federal Law Minister informed the apex court adding the amazing facts will be uncovered, if the documents regarding the former AG is presented. “We have removed the Prosecutor General and two NAB courts are being constituted,” he added.
Agencies add – During the 90-minute hearing, Dr Babar said the government was “meeting day and night” to implement the December 16 verdict. The five-member panel asked the law minister about re-opening cases against Zardari in Switzerland and steps being taken to bring back 60 million dollars lying in Swiss banks. “There is no such amount. This amount is not there. These are only allegations, and wrong and malicious statements,” Babar said, referring to “legal complications” and “grey areas” in approaching the Swiss authorities. Babar apprised the Supreme Court that no judicial proceedings had ever taken place on Swiss cases, which were confined to investigation process initiated on baseless allegations. On this, the bench observed that the record available with Supreme Court provided by National Accountability Court (NAB) spoke otherwise.
The law minister maintained that the cases were closed on merit by the authorities concerned and not merely on request of the former AG. He read out Aug 25, 2008 Order of the Public Prosecutor of Republic and Canton of Geneva which said that proceedings were not simply closed on then AGÂ’s request in his letter dated May 22, 2008. The prosecutor general personally reviewed and analysed the testimonies collected by the investigating magistrate of Geneva and decided to close the proceeding after examining the merits of the case, he added.
Elaborating further Babar Awan said parties were informed under Article 192 of Swiss Penal Code, that they could file appeal against the order within ten days but no appeal was filed so the order attained finality and the proceedings in Switzerland were closed. He questioned the role of former attorney generals for seeking legal assistance from the Swiss authorities.
Dr Babar Awan said there was no authorisation to Saif ur Rehman by the government delegating powers to him which was also contrary to Article 100 of the Constitution. “Investigation was carried out and the amount was exaggerated. There was a stay order which continued for years,” he added. He ruled out that the alleged money belonged to PPP leadership and said it was not determined in the investigation process. “From the year 2001 to 2008 nothing happened in proceedings,” he added.
The bench exempted Babar Awan from appearing on next date of hearing and file his written statement regarding complete implementation of NRO decision. The hearing was adjourned till June 10.