More uncertainty
by
Javed Hafiz |
Pakistan is headed for yet another period of trouble it cannot afford
The Supreme Court judgment convicting Prime Minister Yousuf Raza Gilani in the contempt case was pretty much predictable. The court’s patience had been over stretched. It wanted the prime minister to order the dispatch of a letter to the Swiss authorities saying that a 2008 letter sent from Islamabad withdrawing charges against Zardari be deemed as cancelled. His legal team pleaded that the president enjoyed immunity at home and abroad, while in office. The court was of the view that such immunity had to be claimed with the court formally and not taken for granted. The court’s orders to withdraw the letter were repeatedly ignored by the government. Despite this provocation, the decision is very balanced and has no element of malice about it, contrary to the government claims. The ruling Peoples’ Party, it seems, has developed a habit of chest beating about an imaginary narrative of persecution by the judiciary.
Indeed the PM had to chose between his party loyalties and carrying out court orders. He chose party loyalty over obedience to the Supreme Court. The court gave the PM’s lawyer ample time to argue for his client’s reluctance about not writing to the Swiss authorities. At stake were huge funds deposited by President Zardari and his late wife in various accounts abroad. The bulk of these funds are believed to be ill-gotten money made by during Benazir’s two tenures. This case has been trumpeted by the media for years now. While facilitating the return of Benazir to Pakistani politics, the then president Musharraf had issued an infamous National Reconciliation Ordinance in 2007. This ordinance virtually washed all the sins of this couple and some other politicians. In December 2009, the Supreme Court held this ordinance to be at variance with the constitutional stipulations that deem all citizens to be equal before law. It, therefore, ordered its cancellation , ab initio.
The court decision has various meanings to various people. The government claims that it has been denied justice while the opposition has hailed it as a fair judgment . Consequently, the reaction in Pakistani streets has also been varied. While there were sporadic violent demonstrations in Multan and some cities of Sindh, sweets were distributed elsewhere. A number of viewers interviewed by a major channel in Peshawar were of the view that the punishment meted out to the PM was too mild. They reiterated the common impression in Pakistan that the big fish can get away with murder in this country. They, however, were not aware of the fact that by invoking article 63(1-G) of the constitution the court had , in fact, paved the way for ultimate disqualification of the prime minister. However, that procedure could take about four months. So what we have, as a result of this judgment, is a weak prime minister made weaker.
Opposition leader Nawaz Sharif says Gilani has lost all moral authority to rule and has called for early elections. Imran Khan says he will lead a Tsunami March on Islamabad in case the PM does not quit. Chaudhary Nisar, the opposition leader in the National Assembly says his group will boycott the session when the PM, who is also leader of the house, comes to parliament. Gilani’s dependence on the coalition partners has increased, as he looks vulnerable. He has earned the dubious distinction of being the first convicted serving prime minister in any democracy. An honourable way out could have been to nominate a new PM from the same party. The rulers instead decided to take the case to the Parliament and, worse still, to the streets. By doing this the government is promoting anarchy. It should have accepted this mild and nuanced decision in good grace. But good grace is alien to the Peoples’ Party of today. As a result, Pakistan is headed for yet another period of uncertainty that it can ill afford.
The government has decided to go into appeal against this decision. But more legal hair splitting before the court is not likely to modify the decision; more so while the feathers of honourable judges have been badly ruffled by the ruling party. Nawaz Sharif wants early elections but for that he will have to play his cards well. He will have to woo those assembly members of the coalition who may be sitting on the fence. Outside the Parliament, Imran Khan is his natural partner. Both of them must mend fences and co-operate in next elections to form the next coalition government in 2013. If they continue fighting with each other, the Peoples Party will gain the upper hand in next elections.
Oman Tribune
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