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Benefits given under NRO can’t be withdrawn: experts

* NRO benefits similar to ‘remission or amnesty’ given to convicts

By Rana Tanveer

LAHORE: Legal experts have said that a benefit once given to an accused person cannot be withdrawn, and the case would be no different when it comes to beneficiaries of the National Reconciliation Ordinance.

The experts said that it was a violation of basic rights enshrined in the constitution to withdraw benefits once given to an accused person. They said benefits given under the NRO were similar to “remission or amnesty given to a convict”. They said that just like remission or amnesty once given could not be withdrawn, benefits given under the NRO could not be withdraw and cases could not be reopened.

Daily Times approached several legal experts on Friday over issues related to possible reopening of cases that had been withdrawn under the controversial ordinance.

Former federal law minister Khalid Ranjha told Daily Times that if cases against NRO beneficiaries were reopened, it would amount to political victimisation, in addition to being a violation of the constitution. He said since the NRO had been given protection under the constitution, beneficiaries of the ordinance could never be deprived of the benefits they had gained.

“It also does not matter if the NRO lapses or it cannot be made a law ... its benefits cannot be reversed,” said Ranjha, adding that if the ordinance lapsed, it would only mean that nobody would be given further benefits. He said the status of the NRO would be covered under the legal principle of “past-and-closed transactions”.

Talking to Daily Times, former law minister and legal expert SM Masood also agreed with Ranjha.

Legal expert and Chairman of the Legal Activism Panel Muhammad Azhar Siddique and former LHC judge Sayed Zulfiqar Ali Bukhari told Daily Times that proceedings could not be launched against people who had already been given benefits under the document.

Prominent lawyer Fawad Hussain Chaudhry, however, holds a different opinion. He said cases against people who benefited from the NRO between October 5, 2007, and February 3, 2008 – the duration of the ordinance’s legal life – could not be reopened. He said cases could be reopened against people who benefited from the NRO after February 3, 2008 – the day the ordinance lapsed.

Another constitutional expert, AK Dogar, said that all cases withdrawn under the NRO would be reopened after November 29.

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