When Will Supreme Court Strike Down NRO?

Posted by Ahmed Quraishi on Aug 11th, 2009

When Will Supreme Court Strike Down NRO?

Print This Post Print This Post Email This Post Email This Post



In 2007 Condi Rice, Richard Boucher and British diplomat Mark Lyall Grant created a law called NRO to whitewash the illegal wealth of Benazir Bhutto, Asif Zardari and many other Pakistanis to help them come to power.  Two years later, in 2009, the Supreme Court of Pakistan has indirectly declared the NRO as valid.  The excuse for this is to avoid ‘rocking the system’.  Musharraf is gone but his NRO will survive.  In a theatrical move, he was condemned but his illegal creation – and that of Condi, Boucher and Grant – was preserved.  This could prove to be the biggest deception carried out in Pakistan in the name of democracy. 



Wednesday, 12 August 2009.



ISLAMABAD, Pakistan—The edifice that has fallen is not only that of Mr. Musharraf’s.  Another edifice – Mr. Zardari’s – has been shaken.  All the judges appointed by the incumbent government have been sent packing.  But let us not fool ourselves.  Unless the entire parliamentary strength of the government turns against President Zardari – an improbability – there is no chance the parliament will strike down the NRO and reverse the fortunes of some of the most powerful men in the Zardari government. [Continued below] 



British diplomat Mark Lyall Grant, one of the godfathers of the secret BB-Musharraf deal that gave birth to NRO and to the incumbent Pakistani government, visited Pakistan recently.  Mr. Grant’s mission was expanded in the last few months to include a new deal, this time bringing Mr. Nawaz Sharif and the PML-N on board.  Chief Justice Iftikhar Chaudhry basically protected this whole setup by sparing the NRO.



At least this last pillar of the edifice raised by Mr. Musharraf will continue to stand tall, ironically.  But the mother of all ironies is how the Doctrine of Necessity – the cover for all military coups – was used this time, by the Supreme Court no less, to save the ’system’ from collapse.  May I respectfully ask the honorable court what was the fuss about?  The NRO is the worst part of Mr. Musharraf’s legacy.  Throwing it to the parliament might have actually spared the necks of many.  This was done in order not to destabilize the country.  Fair enough and commendable.  But if the doctrine of necessity applies here when it suits the court, it surely applied back on 12 October 1999 when a prime minister mishandled the serious matter of removing an army chief from office.  Taking a high-stakes action without considering the views of the military brass and removing the army chief mid air surely sounds like an immature hasty act not worthy of the prime minister of a nuclear-armed nation.  


Is this why the dictator’s pre-Nov. 3 actions were not touched?  Is this why PCO-I judges have been spared and PCO-II judges axed?


While there is no question that most Pakistanis are looking up to the honorable Chief Justice for salvation because they have no faith left in the political system, last week’s ruling has actually thrown a lifejacket to this failed system.  Instead of taking our rulers to task over national mismanagement, we will be treated for the next few months to a media circus over the fate of NRO, Musharraf, the axed judges and the resulting legal mess. 


All of which would have been fine if this were the Republic of Rome.  But this is Pakistan, and it is headed for national failure on a massive scale.  A few blocks away from where all these games are being played is the US embassy, which has expanded 18 acres more during the reign of our democrats.  With close to 2,000 staffers soon, the American embassy in Islamabad will rival the one in Baghdad.  The only difference is that Iraq had to be invaded and occupied for this to happen.  Diplomats will tell you that abnormal expansion of embassies is the first sign of a big power trying to swallow a smaller one.  That’s what the Soviets did with their client states.  Better still, that’s what Iraq did before invading Kuwait this week 19 years ago.  Almost 6,000 ‘diplomats’ were listed in the Iraqi embassy in Kuwait the night before the war.  That’s what the Indians are doing now with their ‘consulates’ in Afghanistan.


But who will pay attention to this?  Our playful democrats should remember that Rome’s republic triumphed over monarchy and lasted for five centuries. But after civil wars and mismanagement came the rise of imperial Rome, not democratic Rome.


This column was supposed to appear on 5 August.  It was blocked for inexplicable reasons.  One more example of how democracy does not work in Pakistan despite the best efforts of Condi, Boucher and Grant.


© 2007-2010. All rights reserved. The News International .com

Verbatim copying and distribution of this entire article is permitted in any medium

without royalty provided this notice is preserved.

12 Responses for “When Will Supreme Court Strike Down NRO?”

  1. bmujeeb says:

    Shame on you…. Ahmed Quraishi
    Its the legacy of Musharraf which is haunting Pakistan. The biggest crime Musharraf did was trusting Shaukat Aziz, who promissed to nullify the debt of Pakistan within 5 years, he was resposible for 2005 Stock Exchange Fraud and Steel Mill (Even steel mill chariman said that).
    Nawaz Sharif is as bad as Zardari because in oder to save his seats for the next election he is endorsing all the acts of Zardari.
    All the corrupt people who were in charge of Musharraf\’s cabnit are still in charge. Example.. Hina Rabbani Khar, Manzoor Watto (main culprit of Sugar hoarding) and hidden beaurocracy of Musharraf.
    In order to save his acts he sold Pakistan to Zardari, and now he defends his NRO.
    The people who deserve death penalty are in power. What worse people should get?

  2. Adam Ghaznavi says:

    why is there no substantial evidence presented by you? This is not healthy for an analyst. The article sounds lets just say very hollow.

  3. proud_pakistani says:

    @ ahsan for your kind information

  4. kamran says:

    Now a days Mr Nawaz Sharif and his party is quite vocal against Ex President of Pakistan for doing UNCONSTITUTIONAL acts and demanding a trial under article 6 for Ex President Musharraf for violating the constitution of Pakistan

    Nawaz Sharif and his party is now holding the torch of Free Judiciary even though Nawaz and his party attacked the Supreme court of Pakistan.

    I really feel pitty for Nawaz and his party as they are the one who should be hanged for taking UNCONSTITUTIONAL decisions.

    In 1998 Nawaz Sharif then Prime Minister of Pakistan made Military Courts in Sindh Province in the name of controlling Law and Order situation but the real motives were to crush MQM the Second Largest Political Party of Sindh and Third Largest of Pakistan for not supporting the 15th Amendment that makes Mr Nawaz Sharif Ameer ul Momineen.

    On 17th of Feburary 1999 a Bench of NON PCO JUDGES comprises of

    Chief Justice Ajmal Mian,

    Justice Saiduzzaman Siddiqui,

    Justice Irshad Hasan Khan,

    Justice Raja Afrasiab Khan,

    Justice Mohammad Bashir Jehangiri,

    Justice Nasir Aslam Zahid,

    Justice Munawar Ahmed Mirza,

    Justice Mamoon Kazi and

    Justice Abdur Rehman Khan.

    Unanimously declared the setting up of military courts

    for the trial of civilians as unconstitutional and without lawful


    The Honorable Bench give the following Decision.

    “We are of the view that Ordinance No XII of 1998 as amended up-to-

    date in so far as it allows the establishment of military courts

    for trial of civilian charged with the offences mentioned in

    Section 6 and the schedule to the above ordinance are declared

    Unconstitutional, without lawful authority and of no legal effect,”

    According to this judgment by the 9 member NON PCO Bench, it is crystal clear that the then Prime Minister (Nawaz Sharif) and President Rafiq Tarar did conduct an Unconstitutional Act, which is declared by the Supreme Court of Pakistan as Unconstitutional and Un Lawful.( It is worth noting that Nawaz Sharif is asking for Musharraf Trial as Supreme Court of Pakistan termed 3 Nov 2007 Actions Un Constitutional and Illegal, the same Supreme Court cited on 17 Feb 1999).

    So if Mr Nawaz Sharif asked the Government to try Musharraf under article 6 for doing Unconstitutional and Un Lawful Act then Mr Nawaz Sharif Did the same in 1998 and the Supreme Court comprises of NON PCO Judges gave the same Verdict against Him as well, then He Should be Try under article 6 and should be hang for doing un constitutional Act as well.

    Now it is the duty of Civil Society and Lawyers Community and People of Pakistan to ask for the trial of Mr Nawaz Sharif, then Prime Minister who advised the then President Rafiq Tarar to issue an ordinance for setting up Military Courts, which was termed by the Supreme Court of Pakistan as Un Constitutional and Unlawful, Under article 6 for doing an UNCONSTITUTIONAL ACT.

    Lets see the so called Civil Society and Lawyers would comes out and ask for Mr Nawaz trial under Article 6 or not.

    This post is a big Question Mark on the people who wants trial of Musharraf under Article 6 for doing Unconstitutional Act but not asking trial of Mr Nawaz Sharif for the same.

    by Mr. Khalid Farooqi
    his blog is

  5. Ahsan says:



    This is called WATAN parasti…He died for Pakistan and not for Islam.

  6. Tariq MK says:

    Now when Pak Army is losing its valuable lives. I think it is to pick up those elements like Imran Khan and Qazi & co and shoot them as well who are supporting Talibaans. Send all these traitors to jahanum too.

  7. Ali Salman says:

    Restores judges are indebeted upto their eyeball to corrupt to the core politicians. The latest judgement therefore comes as no surprise. Its pay back time and you will not find them wanting on that score. Besides, they have to uphold their hard acquired reputation of being amongst one the the four most corrupt institutions of the countery.
    And our dear lawyers not to be left behind are behaving like drunken sailors on shore leave, beating up any one any where who comes their way

  8. habibsultan says:

    LT MALIK FAIZ SULTAN AWAN SHAHEED embrassed shahadat on 11th june , before his shahadat he advised one of his colleague (major ranked officer) to read his message before his mother when his JASAD E KHAKI would reach his home. But when he came in his funeral and saw his parents saluting him and kissing the PAKISTANI flag in which his box was wrapped.Then that man could not read his message before his mother.LT FAIZ AWAN was burried on 13th june.And his colleague send his message through sms to his GREAT FATHER who also has served Pakistan army for 30 years.after it his father immediately called on that number and came to know the whole story.That great msg of GREAT SOLDIER is : \” OH MOTHER I M BACK…… DON\’T SEE MY PALE FACE BECAUSE I PRESENTED EACH DROP OF MY BLOOD TO MY MOTHERLAND ……. TEAR MY SHIRT APART AND SEE I HAVE GOT ALL BULLETS ON MY CHEST ……. I LEFT HOME IN KHAKI AND CAME BACK IN SABZ HILALI ……. YOU WERE KEEN TO HAVE A CUTE BAHU LOOK I HAVE GOT IT, LYING BESIDE ME MY G_-3 RIFFLE……… DON\’T WEEP MAA BE HAPPY MAA , I HAVEN\’T LOST ANY THING RATHER I HAVE GOT EVERY THING…… BE HAPPY MAA YOUR SON HAS EMBRASSED SHAHADAT.\” LT FAIZ GOT 22 BULLETS IN CHEST AND SEND 35 TALIBANS TO JAHANNUM.

  9. M. I. Siddiqui says:

    My dear Ahmed Qureishi,

    Your article related to NRO –PCO-1 And PCO-2 is a question which is being asked by many with the passage of time this debate will increase. Many call this judgment as “HISTORIC”. Many believe that this judgment is written by looking with one eye. Judgment either should be with both eyes open or blind folded. The pick and choose judgment is nothing but self serving.

    “I am the petitioner – I am the defender – I am the victim and I am the Judge” = HISTORICAL.

    PML(N) headed by Nawaz Sharif talks of RULE of LAW. Attacking the Supreme Court was under Rule of Law. Sending Justice Sajjad Ali shah in collaboration with Justice Saeed-uz Zaman Siddiqui (Who is the main interpreter of Rule of Law and article 6 at GEO) was under Rule of Law? Can Justice Siddiqui apprise the public the article under which the Judges were re-instated? These Judges unless take a fresh oath for re-appointment will remain questionable. This is what the outside world is saying.

    The News International, not publishing your article is understandable. They did not fight for Judiciary, they fought against Pervez Musharraf. The media cannot survive unless they are paid. Leave it to you and many others to guess who is paying?. The role the media is playing specially GEO is that Nawaz Sharif is a saint. He never lied. He never signed an agreement to go to Saudi Arabia. He never apologized. So also said the Honorable Supreme Court. He came out un-scratched from the Highjacking case. The conversation preserved in the black box of the plane and other ground realities were all said to be manipulated by the army so looks from the judgment?

    Why article 6 may not be invoked against collaborators of General Zia u Haq.
    Nawaz Sharif and his colleagues were in the forefront. First Sharif Brothers and his associates then Musharraf and his associates. Is Nawaz Sharif above the law? None of the media personnel has the courage to ask these question to him or his associates. I wonder how many millions have been spent on media to refrain from talking against the un-ruly Lawyers. No Suo Moto?

    I believe this is the duty of every patriot and honest Pakistani to forward this article to as many people as possible.
    In the end I like to remind the saying of our elders that “Barking Dogs Do not Bite”

  10. S. Mumtaz Haide says:

    With regard to existing judges, Mushraf and his supporters do not recognize and accept the existing judiciary as Nawaz & Co. and others corrupts, criminal leaders were not accepting previous judiciary. The judiciary always give the verdicts in favour of Punjab leaders, it is proved several times and now once again. In fact the current judiciary is B-Team of PML(N) funded by Nawaz & Co also working for the agenda of foreign masters as was blamed to previous government. Both big criminals i.e. Zardar and Nawaz are supporting each others in accumulating more wealth in the name of democracy and justice. Sooner or later, they will be accountable by someone in the world. If not so, then by Allah.

  11. S. Mumtaz Haide says:

    Ahsan – Whatever you people is saying it is wise and whatever is written on facts is foolish and you are sick of it. Have a paitence and listen to others also. When there is no answers to questions raised, then this type of notions comes around. This is not your fault, since like others and medi you are also facing Musharaf phobia. Enjoy this democracy as we the nation did in ZA Bhutto regime who was involved equally with military dictator in making Bangladesh.

  12. Ahsan says:

    AQ I am getting sick of ur foolish works…Please take a break and do something good brother….

Leave a Reply