GHQ, CIA threat to democracy, SC told

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GHQ, CIA threat to democracy, SC told

* Govt’s attorney claims forces ‘within and outside country’ could derail democratic set up
* SC asks federation to file written statement on concern expressed by lawyer

By Masood Rehman

ISLAMABAD: An attorney for the federal government – Barrister Kamal Azfar – on Monday claimed before a 17-member larger bench of the Supreme Court that the US CIA and General Headquarters pose a threat to the government.

The bench – headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry – directed the federal government to file a written statement on the concern expressed by the lawyer.

When the hearing into petitions against the legality of the National Reconciliation Ordinance (NRO) resumed on Monday, the court summoned the government’s attorney for a briefing on his statement filed on Thursday – which said the democratic set up in the country was in danger because of the impending decision on challenges to the NRO.

Derail system: Asked who had instructed him to file the statement suggesting that the court should not derail the democratic system while deciding the NRO cases, Azfar said he had filed the statement on behalf of the Law Ministry. He then claimed that the CIA and General Headquarters also posed a threat to the democratic system. Azfar said there were “extra-constitutional forces within and outside the country” that could derail the democratic set up.

Asked who had instructed him to express such a concern, he said, “I am making these statements in my personal capacity.”

The court then asked him to file the statement in writing on the Law Ministry’s affidavit.

The chief justice said the law secretary would be summoned for failing to brief the court on necessary details of the case. He said if the court’s decision was feared to trigger a November 3, 2007-like situation, the federation should inform the SC in advance to allow a stay order to be issued.

The chief justice questioned what made Azfar feel democracy would be threatened by the court decision, and said “such allegations will not be tolerated”. He said the court’s decision would not lead to destabilisation.

The court also accepted a petition by Punjab Chief Minister Shahbaz Sharif seeking the restoration of his petition against the NRO, which was earlier dismissed on account of non-prosecution.

The court later adjourned the hearing for today (Tuesday).

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SC asks govt to elaborate on ‘GHQ threats’

By Nasir Iqbal

A judge of the Supreme Court implicitly asked the govt’s first law officer to state in clear terms whether the govt wanted to save the president.

Wednesday, 16 Dec, 2009

ISLAMABAD: A judge of the Supreme Court implicitly asked the government’s first law officer on Tuesday to state in clear terms whether the government wanted to save President Asif Ali Zardari.

‘I am still groping in the dark, especially after the statement of federal government’s counsel Kamal Azfar that there is some lurking menace. I do not comprehend because nothing is forthcoming from the government’s side.

‘Tell us if the GHQ (General Headquarters) is doing something. Then we can pass a restraining order, but if it is the question of saving President Asif Ali Zardari then this should be clearly addressed so that we can answer to this,’ observed Justice Jawwad S. Khawaja, a member of the 17-judge bench hearing the petitions against controversial National Reconciliation Ordinance (NRO).

‘We should not be left guessing,’ the judge said, adding that there was a manner to remove the president through impeachment process. He assured the government that the Supreme Court would be the last institution to impinge on the rights of parliament.

Chief Justice Iftikhar Mohammad Chaudhry said the court was not concerned with who was sitting inside or outside the presidency. ‘We have to respect whosoever is ‘a’ president of the country.’

The Supreme Court is expected to announce its verdict on NRO petitions on Wednesday after amici curiae complete their arguments, with lead counsel Abdul Hafeez Pirzada summing up the entire arguments from the petitioner’s side.

President’s spokesman Farhatullah Babar and Leader of the House in Senate Nayyar Bokhari witnessed Tuesday’s proceedings.

At the outset, acting Attorney General Shah Khawar reassured the court that the government would not contest the NRO or protect any beneficiary.

‘Are you aware of the fallout and repercussions of not defending the ordinance before the Supreme Court,’ Justice Javed Iqbal asked.

Mr Khawar said the government would respect the court’s verdict no matter which way it went.

There would be more than 50 fallouts of the judgment, the chief justice said, dropping a hint.

‘We (government) are of the firm belief that whatever comes out will reflect collective wisdom of the court in which the principle of trichotomy of powers would be protected,’ the acting AG said.

Former attorney general Malik Mohammad Qayyum informed the court that under the instructions of former president Pervez Musharraf and in compliance with a judgment of the Sindh High Court, he went to Geneva to inform the Swiss attorney general, seized with the money laundering case against President Zardari, about the promulgation of NRO under which corruption cases against Mr Zardari were terminated.

Mr Qayyum was summoned to inform the court on whose instructions the government had requested the Swiss authorities to withdraw money laundering cases.

Earlier, NAB Chairman Nawid Ahsan was grilled for not identifying the person who directed a letter from the AG office to the Swiss attorney general for withdrawal of SGS and Cotecna cases.

Mr Qayyum said the National Accountability Bureau had assured the SHC last year on a writ petition of Mr Zardari that the bureau would make efforts to withdraw all pending cases inside or outside the country against the petitioner.

On Feb 15 last year, the SHC had ordered the NAB authorities to immediately implement its decision.

Mr Qayyum said he had written a letter to the Swiss attorney general on March 9, 2008, and later visited Geneva, but the Swiss AG told him that he would take a decision on the matter after the election for the AG seat.

The former president also told him to honour the NRO, he added. The NAB chairman admitted that the bureau had been consulted before writing the letter to the Swiss AG, but said ‘our view was that since the original letter of initiating cases against Mr Zardari was issued from Pakistan’s AG office, the letter to withdraw the cases should also be generated from the same office’.

The bench repeatedly expressed its concern and said it was only worried about the money lying in Swiss banks and about steps taken to recover it if it belonged to the people of Pakistan because it would have to write something about the matter in the judgment.

‘Then shut your office right now,’ the chief justice said after the NAB authorities failed to satisfy the bench about the fate of the money. ‘We could proceed against you; you are appearing before the largest court of the country,’ the chief justice said.

The bureau also contradicted a news report about Mr Zardari’s conviction under Section 31A of the NAB for absconding in the BMW case.

Kamal Azfar, the federal government’s lawyer, in a statement about threats to democracy shrugged off any imminent threat from the GHQ, saying the present army chief had no plan to stage a coup.

However, he complained that the media never highlighted the threats he mentioned about Talibanisation, but created a hype about his statement on the GHQ.

‘You should not be afraid of Talibanisation because Pakistan is not that weak to be taken over by some armed groups,’ Justice Javed Iqbal quipped.

Mr Azfar also submitted a statement explaining what he meant by threats to democracy in the petition he had filed on behalf of the federal government.