Foreign accounts of the Late BB, Asif have hundreds of millions of dollars
By Sohail Khan
ISLAMABAD: Making a hasty retreat from his stunning Monday statement wherein he had tried to unnerve the Supreme Court with CIA-GHQ sponsored anti-democracy consequences, Kamal Azfar on Tuesday took refuge behind the blame-it-on-past doctrine and told the court that the General Headquarters (GHQ) had been destabilising the democratic process but gave the incumbent COAS a good behaviour pass.
Kamal Azfar, counsel for the federation, made a categorical statement before the full court and submitted that the GHQ had been destabilising democracy in the past but hastened to add that he knew the present Army chief "who is a gentleman".
A 17-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, is hearing identical constitutional petitions challenging the infamous National Reconciliation Ordinance (NRO).
"Let the law take its course and the apex court should give its verdict according to the prayers made in the petitions challenging the infamous National Reconciliation Ordinance," Azfar added.
The court had directed him on Monday to submit his apprehension before the court in writing. On Tuesday, he clarified his contentious argument on dangers posed to democracy by the CIA and the GHQ. "Whatever I said earlier was in my own capacity, without any authority."
Referring to one of the observations made by Justice Javed Iqbal, Kamal Azfar contended that they should be heard. At this, Justice Ramday asked Azfar as to whether the federation wanted to protect dacoits, robbers etc.
"If the NRO is declared void ab initio and trials of the looters, killers and dacoits are initiated, why does it bother the federation?" Justice Ramday added. "What is your interest in this regard?"
In compliance with the court's order, former attorney general Malik Qayyum unveiled the names of concerned persons on whose orders the cases of Asif Ali Zardari were withdrawn from Swiss courts. "I don't want to hide anything from the court and would submit the exact information in this regard," he said.
He informed the court that the consultations regarding the withdrawal of the Swiss cases were held with former president Gen (retd) Pervez Musharraf and the law minister.
He said that he wrote a letter to the Swiss court on the direction of Pervez Musharraf for taking back the cases of Asif Ali Zardari. Qayyum recalled that President Asif Ali Zardari filed a petition in the Sindh High Court in February 2008, praying for repealing all NRO cases. The next month, he submitted, the SHC abolished all the cases and directed the NAB to withdraw the cases within two weeks.
He further submitted that Prosecutor General NAB Danishwar appeared before the court and submitted before the SHC that the court's order would be implemented in letter and spirit. Malik Qayyum further informed the court that later he talked to the then president (Musharraf) who directed him to implement the NRO in letter and spirit.
Earlier, acting Attorney General Shah Khawar also presented the NAB report before the court regarding Swiss banks accounts of Asif Ali Zardari that amounts to $59.45 million.
According to the NAB reports, six foreign bank accounts were maintained by Asif Zardari and late Benazir Bhutto. There are at least 13,113,000 dollars in these foreign bank accounts. Besides, there are at least 46,343,353 dollars in the accounts of five companies owned by President Zardari and a company of Benazir Bhutto.
At one time, when the attorney general protested at President Zardari's sentence, the CJ asked him to deny the report if he had any objection to it, adding he had said in his remarks that the attorney general had not hitherto denied the report regarding President Zardari's sentence.
"We have no problems with anyone or any president; we are here to guard the national interests," he continued, adding it remained to be seen whether national interests were protected in the Swiss court or not. The national money should be protected, he added.
The chief justice appreciated the statement of Prime Minister Syed Yousuf Raza Gilani about complying with the court verdict on the NRO. "The NRO stayed un-endorsed by parliament, it means there is 'something' in the ordinance," he remarked.
Sardar Khan, the amicus curiae (Friend of Court), while commencing his arguments, submitted before the court that it seemed that the NRO was promulgated through intentional disobedience of the Constitution as he argued that its various provisions, including 4, 5, 6 and 7 were not valid, but ab initio void.
He contended that the objective of the law was to facilitate those charged with corruption and plunder of national wealth. "It aims at legalising corruption and crimes committed by those in power in the past," Sardar Khan added.
He submitted that provisions of the NRO were inconsistent with the fundamental rights enshrined in Article 25 of the Constitution. The infamous ordinance is also in conflict with other articles of the Constitution, including 62, 63 and 175, as he argued that it makes persons who were ineligible become public representatives and enter into assemblies.
On a court query, Sardar Khan maintained that if the court declared the NRO as void ab initio, it would be given new life and all those cases would be re-opened which were closed under this law.
Meanwhile, advocate generals of Punjab, Sindh, NWFP and Balochistan supported the stance of the federation to declare the infamous ordinance as null and void. The court adjourned the hearing till today (Wednesday).
Other members of the larger bench are: Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassadduq Hussain Jillani, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice S Khwaja, Justice Anwar Zaheer Jamali, Justice Khilji Arif Hussain, Justice Rehmat Husain Jafferi, Justice Tariq Parvez and Justice Ghulam Rabbani.
APP adds: Counsel for the federation Kamal Azfar explained to the Supreme Court the stance of the federation outlined by him in the statement he had made before the 17-member bench hearing petitions against the NRO.
Kamal Azfar told the bench that in the plea he wanted to convey that the federation faced threat from the Taliban who were behind the murder of Shaheed Benazir Bhutto. He submitted a written statement on behalf of the federation to further explain its position over certain queries raised by the bench on Monday.
Additional Prosecutor General National Accountability Bureau Abdul Baseer Qureshi and Acting Attorney General Shah Khawar apprised the Supreme Court that President Asif Ali Zardari was never convicted in absentia under the NAB ordinance. Former attorney general Abdul Qayyum Malik said he had also gone to Switzerland then to apprise the Swiss court about the NRO.
NNI adds: The chief justice maintained that the individual found responsible for the withdrawal of cases will be sent to jail or will have to incur a fine of two billion rupees spent on the cases.
Online adds: The Supreme Court has remarked that if the government is facing any threat then it should get the NRO passed from parliament and if the government wants to protect President Zardari then it should say it openly.
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