PM sanctions summary proposal; SC warns against defiance

 PM sanctions summary proposal; SC warns against defiance
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Summary

A solemn Chief Justice Iftikhar Muhammad Chaudhry on Friday warned Prime Minister against defiance regarding implementation of court orders. A three-member SC bench, comprising Justice Tariq Pervaiz and Justice Ghulam Rabbani, led by Chief Justice Iftikhar Mohammed Chaudhry, heard NRO implementation cases today. The Prime Minister is a judicious person and very well aware of the repercussions of non compliance of court orders, the CJ remarked. The Chief Justice maintained that in case of non implementation of court rulings, the court would have to take some other decision. We have to maintain rule of law in the country, Chief Justice Chaudhry said. The court ordered the Attorney General Anwarul Haq to apprise the court of Governments response on Swiss cases on the next hearing. The court deferred the case till Monday (Sept 27). Earlier, Prime Minister Yousuf Raza Gilani has ratified the summary forwarded to him by the law ministry, which suggested that no case could be initiated against President Asif Ali Zardari in Swiss courts. In a five-point summary sent to the PM on Thursday, the law ministry expressed serious reservations regarding reopening of Swiss cases against President Asif Ali Zardari. The summary has been prepared on the directives of the apex court. The summary states that the Swiss cases against President Asif Ali Zardari cannot be reopened for it would be tantamount to put countrys sovereignty at stake. It added that national assembly, senate and president could not be separated and parliament is supreme and hence its supremacy could not be challenged. The summary also states that as per law, no incumbent president could be prosecuted in any other country. Govt, Judiciary showdown likely: Akram SheikhAdvocate Akram Sheikh said that approval of the summary is tantamount to defiance of the SC rulings. It showed that the government has taken up a confrontational path against the judiciary. The summary showed that the government would not comply with the apex court orders and maintained that President Zardari does not enjoy immunity. AG did not confirm summary approval: Justice TariqJustice (r) Tariq Mehmood has said that the attorney general has told the court that the summary has been sent to the PM. He said there is a difference between forwarding and approval of the summary proposal regarding the Swiss cases. He said that the AG has not said anything like that. Defying court orders tantamount to contempt: AK Dogar Legal expert AK Dogar, while talking to Dunya News, said that under Article 204 of the Constitution, non-compliance of the court orders is equal to contempt of court. He said under the Constitution, the President enjoys immunity until he is in the seat. Citing the consequences the government has to face in case of non-implementation, Dogar warned that no government could survive who dares the judiciary.
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