The Supreme Court of Pakistan on Feb. 10 dismissed the intra-court appeal filed by Prime Minister Syed Yusuf Raza Gilani against a bench of SC’s Feb. 2 order asking him to appear before it on Feb. 13 to be formally charged with contempt. In a fast developing situation, the scenario may drastically change before this article reaches the readers; still we may ponder over some aspects related to facts and principles.
SC is pushing hard the Government to move forward on its earlier order to write a letter to the Swiss authorities and reopen corruption cases against Aasif Ali Zardari. The Government is reluctant to move as in its view Zardari enjoys immunity under Article 248 of the Constitution for all sins. Interestingly, Barrister Aitzaz Ahsan, who defended the immunity clause, was standing on the other side of fence when the same immunity clause was being examined in the Apex Court in 2007 in a case against Mr. Zardari’s predecessor Parvez Musharraf. Relevance of the law has totally changed upside down with the change of the client for Able Barrister! Unfortunately, it hurts the sense of “morality” if the word still exists in their dictionary.
It is alleged that Zardari and his late wife, Benazir used facilities at Swiss bank to launder about $12 million received in bribes in the 1990s. The Swiss shelved the cases in 2008, when Zardari became head of the state. A prosecutor in Switzerland has said it will be impossible to re-open them as long as he remains head of the state and is immune from prosecution.
The 8-judge bench, headed by Chief Justice Iftikhar M. Chaudhry rejected the contention of the Govt. as non-maintainable. The Ruling Party has taken a posture to collide head on with the judiciary; however it will be interesting to see if the Government chooses to defy court order or acts in a manner that no institutions of the State feel hurt and functions smoothly with dignity. Gilani may be dismissed and the court may also order his arrest. This situation will benefit no institution in that country, which is passing through a string of problems.
Recently Gilani praised India’s flourishing democracy. He also stressed that his country cannot afford another war. We welcome and appreciate his observations. He also needs to see that democracy flourishes only when all institutions of the state use restraint and respect domains of each other. In this system courts are final interpreters of the Law and not the officers of Law Ministry. Nascent democratic institutions in Pakistan cannot afford frictions and tensions beyond a certain limit with the other arms, Judiciary and Army. Recent case of our Army Chief Gen. VK Singh is a glaring example for wise people. Gilani may take a leaf from the advice of Indian SC, “Wise men are those who move with the wind.” The Gen. acted swiftly, dumped his ego and withdrew his case against the Government’s stand on his date of birth. Reports from Islamabad’s SC are not indicative of whether the Govt. or SC is ready to come out of the shadow of their egoistic approach.
It is unfortunate that “Islamic” Republic of Pakistan is trying to shield a person against the charges of corruption, committed before he got himself catapulted to the coveted post of Head of the State. There is no logic of blanket immunity for crimes. The President may be protected for the actions he takes to discharge his constitutional duties and not for illegal acts he committed before or after occupying the post. No person in a State which claims to be “Islamic” is above law. It has been repeatedly reminded to PPP rulers that if Caliph Umar could be questioned about his Abaya (long shirt), why couldn’t Musharraf or Zardari be tried in a case of corruption?
Zardari was facing many cases of corruption before Musharraf’s controversial National Reconciliation Ordinance (NRO). He had been in jail for a long time. Interestingly, the Presidential order was neither retained by the Parliament nor passed the test of natural justice in the courts. The SC has rejected the law twice. All cases against him inside the country and overseas were wound up after NRO and Zardari, riding on the sympathy wave, after the murder of his wife Benzir Bhutto during electioneering, rose to the top post of the country.
As the government refused to budge from its stated position that the letter could not be written to Swiss authorities, the Court passed its order; dismissing Gilani’s appeal. After the order was passed, Mr. Ahsan told reporters that the Prime Minister would appear before the Court on Feb. 13. Even before filing the intra-court appeal on Wednesday, the Prime Minister had announced that he would appear before the Court as summoned. Contempt proceedings were launched against the premier in Jan. because the government had repeatedly ignored the Court’s directive to reopen cases against the President after striking down the NRO.
All ailments of Pakistan are rooted in blatant defying of Qur’ānic teachings and Prophetic traditions, in social and political life. Killings in the name of honour, suicide bombings in the name jihad, rampant corruption, extortions, illiteracy, miseries of women, their exploitation, etc., all are the signs of same ailment. Dividing the society in different compartments and different interpretations of Law for the wealthy and the poor have become order of the day. They forget that they swear by the Qur’ān and claim utmost love and respect for the Prophet but when they act they go contrary to their teachings.
A woman from an influential tribe of “Makhzoom” was convicted for stealing. As her guilt was established in the court, she was ordered to be punished according to the injunction of the Qur’ān.
The people of Makhzoom felt very upset and wanted Usamah Ibn Zayd to intercede for her pardon. When Usamah approached the Prophet (peace and blessings of Allah be to him) for the purpose, the Prophet became angry and said: “Do you intercede concerning one of the Hadd (order of punishment) set by Allah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allah, if Fatimah Bint Muhammad were to steal, I would cut off her hand.” [Bukhari]
The Prime Minister of Pakistan must adhere to the principle set by none other than the Prophet himself. Instead of groping in the dark, he should look for the light in glorious traditions of Islam for which his forefathers lived and died. He should let the courts measure the length of his President’s “Abaya” and let know the people the source of his income for holding villas in London and Dubai and at other places. Remember true Islam is awaiting its application in Islamic Republic of Pakistan.
[syyedagha@hotmail.com]