NRO,desriminatory law
by Nasir khan
NRO was finally put for deliberation on the floor of the National assembly and approved by the committee of law and justice. The main aim of issuing of NRO was to give a safe way and protection to all those stake holders who were involved in corruption and other criminal charges in between January 1986 to Oct, 12 1999. It is a well known fact that the Protection of PPP’s leaders from NRO was obvious because it was a part of a deal between former President Musharraf and Late Benazir Butto and this Ordinance was issued by Musharraf just to protect his own Presidency by supersiding and ignoring all other laws. The ridiculous excuse given by Musharraf is that the courts were unable to decide the cases pending before them for a long time and issuing of NRO was necessary. If it was so, then he should have dismissed all the cases of general masses as well which are pending before the courts since the inception of Pakistan and all the criminals of Pakistan whether a Politician or a layman should have been given pardon and protection under this ordinance but of course as all knows this is a discriminatory law which exonerated only the Politicians (PPP leaders) and repugnant to the article 25 of the Constitution which guarantees the equality of non-discrimination. This ordinance is absolutely against the basic principle of natural justice as well as it protects only a group of people who always in one way or other involve in criminal and corruption cases and the approval of this ordinance itself reveals that they themselves admitted a corruption cases charged against them as otherwise they would have faced the trials.
Now this black and discriminatory law has already been passed by the committee and likely to be passed by the parliament. The question is has Supreme Court got powers to declare this law as null and void? Yes the Supreme Court of Pakistan has the jurisdiction to declare any law passed by the National assembly null and void which is against the spirit of the constitution. After the re-emergence of Chief Justice and the composition of Supreme Court, this is the biggest challenge which the Supreme Court would face while deciding the fate of the validity of NRO. This is the decisive moment in the history of Pakistani Politics. Unfortunately, Pakistani masses and civil society members are legally and morally unaware about the latest development in the shape of approving NRO. In a truly democratic set up the rule of law is above board and supreme in order to have just and civilized society. But, where rule of law is not followed, then exploitation of the people’s norms and values is obvious. Plato has rightly remarked, “Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state.” Unfortunately in Pakistan since its inception, laws are made but not followed or made for the weaker but the stronger escaped from it under the shadows of NRO. It is the natural instinct that where law or rule of principles is same for everyone and every class without any discrimination then it is respected as well. But, when priority is given to personalities rather than dispensing justice then law seems meaningless. In typical Pakistani traditional society rule of law is nothing but a hot metal which can be turned into any shape. Had such situation arised in some of the Western countries the situation would have been different because People out there are more equipped with the knowledge of issues of national importance and the Public opinions are given full heed. But, very said to say that in Pakistan very few people have hold the Politics, laws and Nation’s wealth in their own hands and for them issuing of NRO is an easy task which might go against the interest of the people. They can shape, change and amend the existing laws in their own sweet will like a hot iron. More ominously , the honorable peoples like Aitizaz Ahsan who started the Lawyers movement and accomplished the task in shape of restoration of Chief Justice, every one was optimistic about change occurred in Pakistan but when the matters comes to own party or interest then these genius and conscious provoking people remain quiet. This is the biggest setback which Pakistan and its people are facing for the last 62 years. If we want to see a civilized and law respected Pakistani Society where law and constitution is given the superiority, then such laws (NRO) are to be eliminated and free and fair accountability process should be initiated against all the wrongdoers who have violated the basic laws of the land and then escaped, Otherwise Pakistan would further go into the quagmire of difficulties and disasters.
