IN THE SUPREME COURT OF PAKISTAN 
(Review Jurisdiction) 
  
PRESENT: 
  
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CJ 
MR. JUSTICE MIAN SHAKIRULLAH JAN 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI 
MR. JUSTICE NASIR-UL-MULK 
MR. JUSTICE MUHAMMAD SAIR ALI 
MR. JUSTICE JAWWAD S. KHAWAJA 
MR. JUSTICE ANWAR ZAHEER JAMALI 
MR. JUSTICE KHILJI ARIF HUSSAIN 
MR. JUSTICE TARIQ PARVEZ 
MR. JUSTICE MIAN SAQIB NISAR 
MR. JUSTICE ASIF SAEED KHAN KHOSA 
MR. JUSTICE SARMAD JALAL OSMANY 
MR. JUSTICE AMIR HANI MUSLIM 
MR. JUSTICE EJAZ AFZAL KHAN 
MR. JUSTICE IJAZ AHMED CHAUDHRY 
MR. JUSTICE GULZAR AHMED 
MR. JUSTICE MUHAMMAD ATHER SAEED 
  
CMA NO. 5144 OF 2011  
& CIVIL REVIEW PETITION NO.129/2010  
IN CONST. P. 76/2007 & CMAs No. 1427/2011 
  
[Against the judgment dated 16.12.2009 passed in Constitution 
Petitions No. 76 to 80 of 2007]  
  
  
Federation of Pakistan through Secretary  
M/o Law, Justice and Parliamentary Affairs, Islamabad  
                        vs.  
Dr. Mubashir Hassan, etc.   
  
  
For the applicant/petitioner:                 Mr. Mahmood A. Sheikh, AOR  
[CMA 
5144/11 
& 
CRP 
129/10]        
Mr. 
Masood 
Chishti, 
Secretary,                                                      Ministry of Law & 
Justice.   
  
On Court notice:                         Maulvi Anwar-ul-Haq 
                                                Attorney General for Pakistan 
  
For the respondent No.1:              Mr. Salman Akram Raja, ASC  
[CRP 129/2010]                           Mr. Mehr Khan Malik, AOR  
  
Date of hearing:                          25.11.2011  
…  
  
O R D E R 
  
                IFTIKHAR MUHAMMAD CHAUDHRY, CJ. - On 
24.11.2011, Dr. Babar Awan, learned Sr. ASC concluded his 
arguments. In the meanwhile, he had filed CMA no. 5234/2011 
and insisted for permission to rely upon the same. As it is settled 
principle of law that ordinarily at the review stage, a document is 
not allowed to be produced unless it is very much relevant to do 
complete justice. Initially request was not entertained, but 
subsequent thereto, after giving a second thought, we formed 
the opinion to allow the learned counsel to refer to and read the 
said documents. However, when we assembled in the second 
half, he was not present. Message was sent to him through the 
Court staff, but he did not turn up. In the meanwhile, learned 
Attorney General for Pakistan was asked to convey him to appear 
in Court today because otherwise except the case of Syed Nasir 
Ali Shah, all the listed matters including the instant CMA/Review 
Petition have been concluded.  
2.             It seems that in the late hours a request was sent by 
him to the Registrar for adjournment, which was not entertained 
and the same was returned. When the hearing of the case 
opened today, Mr. Masood Chishti, Secretary, Ministry of Law & 
Justice, Government of Pakistan, who himself had drafted the 
Review Petition at the time when he was practicing law, was 
asked to read the documents instead of arguing the same 
because we are of the opinion that the learned counsel to whom 
directions have been made out of sheer respect, he should have 
made himself available before the Court, but the Secretary, 
despite our clear direction as well as expressing displeasure, 
except reading only one letter dated 02.09.1997 declined to read 
other documents. However, the learned Attorney General for 
Pakistan, in such a situation, was asked to read documents 
through and through. In compliance with the order, all the 
documents, which pertained to the years 1997 to 1999 in respect 
of investigation of the cases against Mr. Asif Ali Zardari and 
Mohtarama Benazir Bhutto pending before the Swiss Courts were 
considered in his presence.  
3.             It may be observed that this Court is seized with the 
matter relating to review of the judgment dated 16.12.2009 in 
pursuance whereof, the National Reconciliation Ordinance, 2007 
was declared void ab initio, being ultra vires and violative of 
certain Articles of the Constitution, therefore, to be deemed non 
est from the day of its promulgation. However, after hearing the 
learned counsel for the petitioner from 21 to 24th November, 
2011 at length and having gone through the documents as well 
as considering all the aspects of the case relating to the Review 
Petition filed under Article 188 of the Constitution to review the 
judgment dated 16.12.2009, we are of the considered opinion 
that no case is made out for the review of the said judgment. 
Resultantly, the Review Petition and CMA No. 5144/2011 are 
dismissed with no order as to costs. The concerned authorities 
are hereby directed to comply with the judgment dated 
16.12.2009 in letter and spirit without any further delay.  
4.             The reasons for this order shall be recorded later on.  
  
  
Islamabad, the 
25th November, 2011  
