The PPP-led government’s consistent recalcitrance in implementing Supreme Court edicts in letter and spirit has created a political and possibly a constitutional impasse. The Hajj scam and the National Insurance Company Limited (NICL) scandal being probed by the apex court are the nub of the problem. It is obvious that the high and the mighty allegedly involved are being protected at the cost of the democratic setup.
It was hoped that better sense would prevail and Hussain Asghar, the investigating officer in the Hajj scam, will be posted back in the light of the Court’s instructions. The logic given by the Attorney General in front of the full bench that the chief minister has not relieved Asghar as IG Gilgit-Baltistan and that he is presently at a resort in the province is strange.
It is ludicrous for the highest law officer of the country to claim in front of the members of the highest judicial forum of the country that the federal government is helpless in complying with its orders. This deliberate stonewalling will impress no one. Gilgit-Baltistan has a PPP government and as such the CM is hardly in a position not to obey orders given by the federal government.
The AG has also challenged the ambit of the apex court’s orders by transferring the FIA official and by making the hapless Secretary Establishment Sohail Ahmed officer on special duty (OSD) for complying with Supreme Court orders.
It is obvious that, instead of backing off, the government has decided to bite the bullet. Its decision to take the matter to the parliament summoned for Monday is a double-edged sword. Most parties, even in the coalition with the exception of the PPP and PML(Q), will advise against continuing the confrontation with the higher judiciary.
The PML(N), newly rejuvenated by its party elections, will have a field day taking on the government on the issue. Shahbaz Sharif has made these intentions quite clear with his recent epileptic performance at the time of the party elections.
The government might have a case that the apex court is not favourably disposed towards it and engages in double standards when officers in the Punjab are involved, as claimed by Babar Awan. Whatever the truth, under the constitution, the Supreme Court is the highest court in the country and the government has to comply with its orders, no matter how unpalatable.
The chief justice in his written orders has given cogent reasons for probing the Hajj scam. However the government should have facilitated such a probe for the very reason that the prime minister’s son has been dragged in the scandal. Similarly, there is a strong perception that the alliance with the PML(Q) is contingent upon Moonis Elahi being bailed out of the NICL scam. That is why, it is claimed, that the government is reluctant to reinstate FIA official Zafar Qureshi on the case.
Back in 1997, Chief Justice of the Supreme Court Sajjad Ali Shah hauled up Nawaz Sharif, the then prime minister, for contempt of court. Although Nawaz Sharif belatedly complied with the recommendation of the apex court to approve additional judges, Shah nonetheless slapped contempt of court on him. Sharif had no option but to comply with the orders of the Court. Shah deliberately humiliated him when he presented himself in the court.
It was in this context that PML(N) goons stormed the Supreme Court building as part of a deliberate plan. Shah in cahoots with president Farooq Leghari wrote to the COAS General Jehangir Karamat to provide protection to the court. Contrary to the general perception, Shah did not invoke Article 190 of the constitution at the time.
Karamat redirected the letter to the secretary defence, effectively washing his hands of the matter. Subsequently, the Sharifs were successful in dividing the judges of the apex court by bluster and bribery, thus rendering Shah ineffective. Ultimately, Leghari had to resign when General Karamat refused to play ball with him and refused to be part of any move to sack Sharif.
The present standoff with the apex court is different in many ways from the one Sharif faced. Apart from being the president, Asif Zardari is also party head and runs the government for all practical purposes. Hence, there is no question of the president and the prime minister not being on the same page.
In fact, the president’s point man on legal matters, Babar Awan, is not even a member of the cabinet and is effectively taking orders from the presidency. He is the one who briefed the members of the cabinet on the standoff in the presence of the prime minister.
On the flip side, the members of the apex court are firmly behind the Chief Justice and there is little likelihood that intimidation or throwing money at them will divide them. The court is also much stronger with public opinion firmly behind it. Furthermore, as opposed to 1997, there is a free and vibrant media that supplements and compliments an independent judiciary.
Last but not the least, Nawaz Sharif’s party had an absolute majority in the parliament in1997 which the present government lacks. Despite this, the PML(N) government was considerably weakened by the standoff with the judiciary and lost much of its moral high ground after that.
Soldiers of fortune like General (retd) Aslam Beg have opined that under Article 190, the army should impose martial law. There are different interpretations of the said article. The apex court itself has been careful not to take confrontation to such a pitch that the said article is invoked.
Its orders to produce Hussain Asghar and given charge need to be complied with as early as possible. Similarly, the Court has given the government the way out on the Sohail Ahmed issue by ordering that he should be reinstated within seven days and not necessarily as Secretary Establishment.
These are reasonable positions and give the government ample opportunity to implement Supreme Court orders without losing face. It has more to lose by rocking the boat. With the economy in shambles, Karachi in a mini civil war situation and the opposition flexing its muscles, the last thing it needs is a constitutional crisis on its plate.
The writer is Editor, Pakistan Today
Very strange. People expect neutrality in your approach on national issues. Chief justice from day one is chasing the present government with a cane in his both hands. It seems as if there are no other most important cases in Supreme Court. Pick and chose cases which can hurt the leadership of PPP are only taken up as if nothing adverse is happening in Punjab or else where. Why the court is reluctant to take up Mr. Asghar Khan's case which is "Most Important" and can change the history of our country and impartiality of the court.????? If our court is so much interested to wipe out corruption then why it is only after one party and now after PML-Q. All are aware about those whom our courts are not willing to act. We all hate corruption and malpractices but it must and should not be one sided. I disagree on your overall views on the present situation.
Selective justice is not justice but a revenge. Shame on you Iftikhar Mohd Chaudhri?
Take up Asghar Khan petition if you have got balls.
I appreciate the writer for carrying a logical and sensible argument throughout the article. It is basically a reminder to the Chief Justice as well as the central government on what the recent pat of such confrontations is. However, it is also worth noting that the same apex court was pursuing NRO issue with similar aggression and arrogance last year these days. Fears of removal of government with the help of army were high in the air. However, all such apprehensions fizzled out in the air and the apex court has even forgotten the issue of NRO and its beneficiaries. The Chief Justice is not asking the federal government to write the Swiss courts for reopening of corruption cases against Asif Ali Zardari. Now the whole confrontation is revolving around the posting transfer of three officials. It is interesting that no one in FIA, other than Zafar Qureshi, is competent and honest enough to conduct investigation on NICL scam. Same can be said for Hussain Asghar on Hajj scam. It is not only the PMLN playing the role of friendly opposition but also the apex court!
its very surprising in 1997 stand off ch.shujaat was in giverment,in 2007 stand off ch shujaat was in government and now duing this stand off he is not only in this government but he is also backing the government to stay firm….unable to understand it…
But is the government who have to execute court orders.If they obstruct justice by using delaying tactics in all bad intentions to transfer investigating officers again and again since top leadership cases are under trial;then how would judiciary punish those who obstruct justice for vested ends.
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