It is headed by Justice Asif Saeed Khan Khosa and comprises Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed. The Secretary Ministry of Law on Tuesday filed a review petition on behalf of federation. It urged the apex court to review its September 18, 2012 order, saying there are errors apparent on the face of the record.
Declaring the order of September 18, 2012 against the letter and the spirit of para 178 of the NRO judgement, the federal government took the plea that assertion of certain steps in that Order had changed the entire complexion of para 178 because the narration of certain steps in the Order and monitoring the same amount to a revisit of the para 178 of the judgment.
The petition said that the federal government urged the court to resolve the above mentioned issue to uphold the dignity of the court with the resolution of the constitutional and legal concerns of the government. According to it, a letter to Swiss authorities is to be written by the government, not by the apex court.
"It is a settled law that executing court cannot change a concluded and decided judgment or order even with the consent of the parties, if some change is necessary then the course would be available to the Court to send back the same to the original court," the federation contended. The federation has also argued that the court in its order of August 08, 2012 had rightly observed, "Implementation bench cannot go behind a concluded and final judgment or revisit the same."
It is pertinent to mention that on September 18, a five-member bench of Justice Asif Saeed Khan Khosa, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry, Justice Gulzar Ahmed and Justice Muhammad Ather Saeed exempted Prime Minister Ashraf from appearing before the court till further orders. On September 18, the bench had noted, "We appreciate the efforts made by Prime Minister Raja Pervez Ashraf towards resolution of the long standing issue and have apprised him that for final disposition of the matter certain steps need to be taken which include a written authorisation by the Prime Minister regarding such implementation, drafting of the relevant communication, dispatch of such communication to and receipt of the same by the Swiss and other authorities and final confirmation of such receipt of the relevant communication by the concerned authorities abroad".
NNI adds: The federal government on Tuesday filed a review petition in the Supreme Court against its four-point directive for writing a letter to Swiss authorities.
The government, in its review petition, has prayed the apex court to reconsider its four-point directive given in September 18 verdict in NRO implementation case. It has been maintained in the plea that notification for presenting the letter in the court by federal law minister on behalf of the premier and showing the text of the letter to the court was not part of the original verdict. The petition stated that original verdict didn't call for informing the apex court about the reaction of Swiss courts. The petition said as verdict of five-member bench of the Supreme Court can't supersede the 17-member bench ruling so the court should review its September 18 verdict.