Original Articles

Reverse all decisions which have been effected by NRO – by Sikandar Mehdi

Last night I watched one time government’s defender in courts, Anwar Mansoor on Rana Mubashir’s show on NEWS ONE channel. If people have forgotten who Anwar Mansoor was, he was one of the turncoats like Dr. Shahid Masood. He held the coveted position of Attorney General of Pakistan but when he didn’t get what he wanted, he turned against the government and started yapping on all the TV outlets and Bars. Few minutes I watched the show it was like one spoon feeding other. Both were trying to be extra careful what other was saying as if it was a stage managed affair. Rana Mubashir, who is a lawyer by qualification, was complicit in giving his legal “luqmaas” to Anwar Mansoor.

Anwar Mansoor went at great lengths to explain this NRO. According to what he explained was that government didn’t defend the NRO in the court and asked it to be declared ab-initio, some legal mumbo jumbo, meaning “this never existed” or declare it null and void from the day it was implemented. Ok I agree to what Anwar Mansoor had to say. Then he went on to say that President has immunity from the day he was president and not before that. I agree to that too. He also elaborated what SC wanted government to do in Swiss cases which was only to write the letter to Swiss and asking them to withdraw the letter written by Malik Qayyum (AGP of Pakistan at the time).

This turncoat explained in detail that there never was any case by Pakistani government. Swiss had their own case against BB & Zardari and Pakistan requested to become party in the case. Not an opposing party but they joined as the plaintiffs, so in easy language the Swiss Government & Pakistan Government became partners in the case against Benazir & Zardari. After NRO, a letter was written by Malik Qayyum to withdraw from being partner was accepted and Pakistan was no more party in that case but important fact was that the case originally initiated by Swiss government, it kept proceeding the case proceeding till the final verdict was announced. 

Now with the judgment of SC, Anwar Mansoor explained that SC wanted the government to write the letter to Swiss to withdraw that specific letter written by the then Attorney General only. He also said that after the withdrawal of the letter the case will be opened. (My dear legal expert AGP, how the case will be opened when it has already been decided?) Have you ever done it in this Kangaroo judicial system when the final verdict has been announced and someone files the application to be party to that case.  WAKE UP our high and might Legal experts! the case has been decide and a closed transaction now in the Swiss papers. If someone asks that AGP “if the case has already been decided in the Swiss courts how will they turn back their clocks just to satisfy the ego of Pakistani Chief Justice and media whose own credentials still wreak of foul smell”. The whole world knows that at one time this Chief Justice used to polish the boots of Musharraf.

According to Anwar Mansoor, after the letter had been written and accepted by the Swiss, the cases will stand opened and NOT PROCEEDED upon due to the fact that Zardari enjoys immunity as president, the cases will be opened as they were from the day they were closed but they will be kept open till the day Zardari’s immunity is finished and will be proceeded upon after that. Ok now according to Anwar Mansoor Sahib the fact that NRO is null and void after SC decisions and everything which was affected by NRO will be reversed back to the day NRO was issued. And if all that is reversed then we will also have to accept Musharraf back as dictator. The wholesome change that SC wants, why don’t we bring everything back to the way it was on 5th of July, 1977. This ego trip by SC and media in their hate for Zardari and love for Taliban will derail everything that has been achieved. If government which was set up under the cover of NRO brought 18th amendment why don’t we cancel that too. 

My question to this high level turncoat, I agree to what you are saying. Your point makes a lot of sense and everything which was touched by NRO should be reversed back to the day NRO was implemented. Why only the Swiss cases issue is to be reversed, why not do the wholesome change and reverse back everything that was touched by NRO. The elections were held under the cloud of NRO, the new Government took oath under NRO, Musharraf left under the NRO, Newly formed government under NRO reinstated SC. Let’s send all these high court judges packing like Musharraf did. One mustn’t forget what all the judges did after reinstatement due to NRO, was to start giving relief to their new boss Nawaz Sharif. Let’s do the reversal and all the decisions of courts after reinstated by the government which was formed under NRO. I won’t be shocked if SC passed the judgments tomorrow saying that floods came under the cloud of NRO so reverse it. If past needs to be re-visited then let us do the following:

1.  proceed against you my Lord for conspiring with Musharraf to overthrow democratic government and passing illegal judgments against the constitution.

2.  Send your son to jail for defrauding Federal government and removing you from SC for using illegal means and your influence to get your son a seat in Bolan Medical college and then moving him from Baluchistan provincial service to FIA which is federal institution.

I am sure you don’t have much to say about that because it touches too close to your home. Lest start justice from your home. What about the poor man who was not given the seat in Bolan Medical College he deserved, instead your undeserving son got it because of you were the judge in Baluchistan High Court.

WHO ARE YOU TRYING TO FOOL. You can fool some people all the time but you can’t fool all the people all the time. World knows your nexus with Taliban. You can’t hide your corruption under the black robe. 

Mr. Anwar Mansoor, first and foremost it was a big mistake to have made you the Attorney General. Government had a short memory and forgot that you had even ditched Musharraf earlier. It is also a fact that you belong to the Oligarchy of legal system of Pakistan. Your father was a leading legal expert and you have inherited his empire. How could you side with the PPP by being the Attorney General? That would have meant you were out of the clubs that form the chattering classes of Pakistan. Zardari & PPP were corrupt before you even took their offer, so talking against them now, all you want is to improve your image and nothing else. You were interested more in cheap publicity and guess what you got that.

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Ahmed Iqbalabadi

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  • So thn what the fuss is all about. Is that one letter is requires to satisfy the ego of CJ. If the sace has been a closed transaction how can there be any chance of party to the case. Writer is right in saying that in our Kangaroo Justice system you cantdo that how is itpossible in Swiss legal system. Wah CJ you dont like people with fake degrees even though teh law has been declared defunct but you have fake domocile.
    Irony of this country has been a liar has always tried to tell people not to lie. A dictator tries to teach democracy and a fake domicile holder tries to disqualify people with fake degrees.

  • The president is part of parliament and the supreme commander of the armed forces. Article 248 (2) of the constitution clearly says: “No criminal proceedings whatsoever shall be instituted or continued against the President … in any court during his term of office.” But PML-N chief Nawaz Sharif, on the other hand, is of the view that the Supreme Court (SC) will be the one to decide whether the president enjoys immunity. It seems that Mian sahib is taking sides with the judiciary for political gains. It should not be forgotten that today’s ‘champion’ of the judiciary was the same Nawaz Sharif whose last stint in power yielded an attack on the SC by his supporters in 1997. The National Reconciliation Ordinance (NRO) was a negotiated deal and a concession by General Musharraf to Benazir Bhutto and the PPP in order to pave the way for her to end her self-imposed exile and re-enter politics. Musharraf wanted a political lifeline after his popularity took a sharp turn downwards. Though the PML-N was not a direct beneficiary of the NRO, in the wake of the ordinance, the Sharifs were also able to reinsert themselves in the political process.

  • I also watched the abovementioned talk show and I was really astonished listening to Mr. Anwar Mansoor. Not because he has been our AG but because he has been a High Court judge. His legal intellect or i dare say his law degree must be challenged in the court after his opinion about the whole affair in the said program. I wonder if there are some more or all present judges possessing the same level of legal knowledge.
    Let us take the above point for the NRO being void ab initio. first we would have to ascertain wether the swiss cases were withdrawn and later decided on the basis of NRO. We shoulf first read the contents of Malik qayyum’s letter. I am sure the letter did not mention NRO. We then say that Pakistan had withdrawn assistance in proceeding the case. According to Mr. Mansoor the case was primarily filed by the swiss authorities themselves. Then why did the swiss close the case? Had iit been true that the case was started by Swiss they would not close the case as decided. At the time Mr. Zardari was no head of state. The situation clearly means that Swiss had no case at all against Zardari or Benazir Bhutto. It was The GOP which was proceeding inspite of failure in providing substantial evidence against the TWO.
    Let us firther examine the matter. According to Mr. Mansoor the case has been decided on the basis of withdrawal letter under NRO. Does NRO has any jurisdiction over the swiss law. The Swiss law has nothing to do with NRO or no NRO. They were proceeding with the trial on the complaint of GOP. It was a case GOP vs BB+Zadari. There had to be One of the THREE outcomes of the case.
    1. The GOP would prove allegations of kickbacks and the couple would be sebtenced in accordance with Swiss law.
    2. The GOP would be unsuccessful in proving the allegations and the couple would be acquitted.
    3. The complainant withdraws and in such circumstances the couple would be acquitted.
    In all the outcomes there had been no retrial because international law prohibits double jeopardy which means any person shall not be prosecuted or punished in the same case twice. The cOnstitution of Pakistan has an article no 13 with the same credentials.
    I therfore appeal all parties to rise above their self inerests in the matter and let the democratic system continue.