Light at the other end

July 14, 2012

RECORDER REPORT

0 Comments

The grimness spawned by what looks like Executive-Judiciary contention over asking the Swiss authorities to reopen the money laundering case against the PPP leadership remains unabated. The question whether Prime Minister Raja Pervez Ashraf will write a letter by July 25, said to be the deadline failing which contempt proceedings would be initiated against him, will find no answer in the affirmative. His goose they say is already cooked, a la his predecessor Yousuf Raza Gilani's, because he refuses to make the said communication with the Swiss. The PPP leadership is in the mood of offering many more sacrifices, as it claims this to be its destiny. That the newly-enacted contempt of court law would be of any relief to him, it is also being ruled out given the fact that during the hearing on July 12 the said creation of the legislature did not come up even once. Since all of it was expected before hand, rumours of an impending military takeover have kept swirling about the Capital over the last couple of days. For a layman, if our history is the guide, the end product of this lingering contention would be an 'invitation' to the armed forces. That had happened many times before, and can happen again, he thinks. But this time that's not likely to be the case, as some light still flickers at the end of the tunnel. Among those who rule it out is Chief Justice Iftikhar Mohammad Chaudhry. Addressing the members of higher judiciary and members of the Balochistan Bar Council in Quetta on Thursday, he said 'judiciary will be the first to defend against any unconstitutional acts against the Parliament,' adding 'no judge would take oath if an unconstitutional adventurism occurred'. Chief Justice Chaudhry's unequivocal stand in support of democratic process is certainly very heartening and should help dispel the air of all-pervasive gloom and doom. But, what then is the magic wand that would force/convince the prime minister to implement the apex court's order? For quite some time, the proponents of the thesis that under Article 190 of the Constitution the apex court has the power to call upon 'all executive and judicial authorities' to help implement its orders have held the field. So the court may ask the armed forces to ensure implementation of its verdict in the NRO case, which many thought would upset the apple cart of democratic dispensation in Pakistan. But that's a dicey proposition, given its dismal record in the country. Also by now the option of calling in forces in aid of the court has been firmly ruled out by the Chief Justice of Pakistan. However, there is an option as a way out of this imbroglio, and it's before by the court itself. The January 10 order of the Supreme Court talks about formation of a commission under Article 187 of the Constitution and Rules 1 and 2 of the Supreme Court Rules 1980 to 'execute relevant parts of the NRO judgement'. According to a constitutional expert, through this commission the Supreme Court can direct its registrar to write the letter, sparing the government of this onerous burden. Quintessentially, the government stand has been that it would not write the letter because such an action would earn it the charge of violating the Constitution, which grants immunity to President Asif Ali Zardari. But if the registrar writes the letter the government may well disown the action. No doubt, the way out of the imbroglio through a commission may be interpreted as a compromise or a settlement of a dispute that is reached by each side making concessions by quite a few discerning minds. It may also be unacceptable to them who are waiting for fireworks. But, given the extremely dangerous situation the country is presently placed, any move, by any one, which can help bring down temperature, should be welcomed wholeheartedly.