Wednesday, January 20, 2010

SC Judgement on National Reconciliation Ordinance

Yesterday (Jan 19, 2009) Pakistan Supreme Court published its detailed judgment on National Reconciliation Ordinance (NRO). Entire text below:

IFTIKHAR MUHAMMAD CHAUDHRY, CJ. – Constitution Petition Nos. 76 to 80 of 2007 and 59 of 2009 have been filed,
challenging the constitutionality of the National Reconciliation Ordinance, 2007 [hereinafter referred to as “the NRO, 2007”], 
whereas Civil Appeal No. 1094 of 2009 (by leave of the Court), has been filed against the order dated 15th January 2009, passed by High Court of Sindh in Constitution Petition No. 355 of 2008, whereby the benefit of the NRO, 2007 has been declined to the appellant. Similarly, in Human Right cases, the applicants have prayed that the benefit of the NRO, 2007 may also be extended to them.

2. Brief facts, leading to filing of the listed petitions are that on 5th October 2007, the President of Pakistan [hereinafter referred to as “President”], while exercising his power under Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973 [herein after referred to as “the Constitution”], promulgated the NRO, 2007 vide Ordinance No.LX of 2007.

3. The above Ordinance came under challenge, immediately after its promulgation, before this Court, by invoking jurisdiction under Article 184(3) of the Constitution, in the listed Constitution Petitions, when, on 12th October 2007, after hearing the learned counsel for the petitioners at a considerable length and examining the case law, the Court passed an order, which is reproduced hereinbelow:- Complete Text

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