Pak Supreme Court’s controversial verdict

--Anil Narendra

The Pak Supreme Court, in a bid to prevent confrontation between the judiciary and the elected Government, convicted Prime Minister Yousuf Raza Gilani of contempt of court and symbolically sentenced him to remain in the Court till the end of the proceedings or hearing, but it appears that the controversy is not going to end here. This symbolic sentence lasted only for 30 seconds, but this period of 30 seconds raised a number of questions. Stature of law can never surpass the public. In fact, laws are made for the convenience of public. We think that the Court has not set a right example by sentencing the Prime Minister Gilani. The Court must not forget that the Prime Minister is the representative of the elected government and a symbol of democracy in Pakistan. But, we must appreciate his courage as he stood firm on his stand. The basic issue is still the same that the Prime Minister is not ready to write to the Swiss authorities to audit the accounts of President Zardari. In case the Prime Minister compromises on this issue with the Supreme Court, then his government could fall immediately. If the Prime Minister does not agree on any compromise, then the apex Court can take stricter action against him. The Supreme Court had also said that amnesty accorded to Zardari in corruption cases by former President General Parvez Musharraf, is not legally valid, as such the Prime Minister Gilani should write to the Swiss Government. The Government can not implement this Court order. The military President General Parvez Musharraf had dismissed the Chief Justice Chaudhary Iftikhar Mohammed in 2007. Later, he was reinstated, but by that time all the old employees had been replaced with such persons who could pass a verdict in favour of General Musharraf and allow him to contest the Presidential elections in Pakistan. In fact, the Pakistan judiciary was looking for an opportunity to display its might, after being humiliated at the hands of Military President. Now, the Pakistan Government is following the strategy of earning sympathies of the public on the issue of martyrdom in the name of democracy, in case the Supreme Court takes any stricter action. Supreme Court is aware of this strategy of the government; as such it is trying to belittle the credibility of the Government to the extent that it could become difficult for it to win
the next elections. In this fight, the judiciary has full support of the Pak Army. At present, the saving grace is that the Army does not want to seize power directly. US, the closest supporter of the Pakistan Army also does not want that democracy in Pakistan is put in danger. It is unfortunate that the Supreme Court of Pakistan has drawn this matter to such an extent. It is unlikely that the Pakistan Senate is agreeable to this decision of the apex Court. The Zardari Government will be completing its five years term shortly. This is an important achievement. Parliamentary elections are being held in near future. It would have been better, if the Supreme Court had left this matter for the public to decide. It would have been better if the Court could consider the presence of Prime Minister Gilani in the Court thrice, as a mark of respect to the judiciary by the Government and that it had realized its mistake. By sentencing the Prime Minister, the apex Court has just displayed its arrogance. The Supreme Court has ignored the fact that its verdict would provide an opportunity to the undemocratic powers in Pakistan to mobilize and thus, not only the future of Zardari Government, but the future of the judiciary itself and Pakistani awam will be at stake.