Notorious defiance

On the face of it, Prime Minister Gilani has authored his own political obituary. His talk to the print media persons in Lahore on Sunday is too defiant in tone and his argument too outlandish to merit further pleading of innocence by his counsel Aitzaz Ahsan. Gilani's latest defence is simply unsustainable in a court of law, if not outright rejection of the whole concept of separation of powers as a quintessence of democratic order. By insisting that only the parliament has the right to interpret the constitution and not the apex court, he is forcing the entire history of political thought and philosophy to stand on its head. As if his indictment as a contemnor of court is entirely a different matter and not related to his defiance of court orders. He has clearly exposed the shallowness of his understanding of the law and constitution. His whole game plan is to delay the court's verdict and he has so far succeeded. What he said merits repetition. "We would not have waited for so long were we to write the letter," he reportedly said. Gilani's argument that it is the parliament that is the ultimate source for interpretation of the constitution is no less offensive to logic, reason and the settled legal concept that parliaments make laws and the higher courts interpret them if needed. "I will follow the Constitution which gives immunity to the office of the president," he said. Therefore, the "Parliament, not I should be charged for contempt of court for giving immunity." "Had I been the chief justice of Pakistan I would have referred the immunity issue to the parliament" - how innocent (of his obligations as Prime Minister of Pakistan) of the law and constitution he is. Doesn't he remember that it is the same parliament, which let pass unchallenged the verdict that the NRO was null and void ab initio? To contend if immunity was an issue of contention it could have been taken care by the parliament as it unanimously passed the 18th, 19th and 20th constitutional amendments, is no less self-serving. When it could change no less than one hundred Articles of the constitution, furthering cushioning the president's office against accountability, it could be done with as little effort as was the case in unanimously passing amendments in such a huge body of the country's basic document. One wonders if anything else is left for Aitzaz Ahsan to defend now. One would not quarrel with Prime Minister Gilani's prognosis that it is the president that is the target. He may be right, but at present the issue before the Supreme Court is responsibility of the government, headed by Gilani, to write to the Swiss authorities that the letter sent to them to close the legal proceedings is withdrawn. With Yousuf Raza Gilani now putting yet another twist to his plan of delaying compliance in the NRO case, the people's patience with these theatricals at the nation's highest forums has worn thin. He has earned the unmatched distinction of being Pakistan's longest serving prime minister, which is good enough for his biography and perhaps for him as well. Copyright Business Recorder, 2012