ISLAMABAD: The Supreme Court on Wednesday refused the government plea to form a larger bench in the review petition of National Reconciliation Ordinance (NRO) implementation case, reported Aaj news.
A five-member special bench comprising Justice Asif Saeed Khan Khosa, Justice Sarmad Jalal, Justice Ejaz Afzal Khan, Justice Gulzar Ahmed and Justice Athar Saeed.
During the hearing, Attorney General Irfan Qadir requested the formation of a larger bench to hear the appeal, however, the apex court rejected Qadir’s plea.
He moreover said that the bench that issues the order should be the one reviewing it, adding that, the court should wait until all five judges become available.
Justice Asif Saeed Khosa remarked that “all four judges who had announced the July 12 order are present in the court.”
Qadir moreover requested the court to adjourn the hearing until after Eidul Fitr.
Earlier, The government has challenged a July 12 court order that asked Prime Minister Raja Pervez Ashraf to write a letter to Swiss authorities to reopen graft cases against President Asif Ali Zardari.
The apex court last week admitted the review petition for a preliminary hearing against the court’s June 27 and July 12 orders.
Normally, a review petition was heard by the same bench that pronounced the verdict, which was sought to be reviewed. However, because of the absence of Justice Ijaz Ahmed Chaudhry’s, Justice Sarmad Jalal Osmany has been included in the bench.
In its order on July 12, the apex court warned the incumbent Prime Minister that if he failed to meet its deadline to write the letter to Swiss authorities, the court will take appropriate action under the constitution and the law against him.
The AGP urged the court to review its July 12 order in the NRO implementation case with a plea to set aside the order, saying that the premier had not received any advice to write a letter, adding that Raja Pervez Ashraf was not bound to write the letter.
Another argument made in the review petition was that if the court itself could not write the letter to Swiss authorities, why was it expecting the same from the Prime Minister to do so.
“The prime minister by virtue of his oath is bound to preserve and protect the Constitution. He is under a constitutional obligation to disregard any order of the court which negates the Constitution or law,” the AGP pleaded.