To the SC now

0
165

The memo saga isn’t over yet

Despite Hussain Haqqani’s resignation and replacement by a new ambassador, the issue of Mansoor Ijaz’s memo continues to reverberate. With the deadline given by Nawaz Sharif for the appointment of an investigation committee ending, the PML(N) has taken the matter to the SC. Nawaz has declined to carry out his threat of PML(N) resigning from the assemblies if the demand was not accepted. He has decided not to take the issue to the parliament as he believes the forum’s decisions remain un-implemented. The PML(N) has also cancelled its Gujranwala rally to enable its leadership to be present at the court. Interestingly, Nawaz has declined to make the prime minister a party in the petition, instead calling upon the apex court to summon Zardari, Kayani, Pasha, Haqqani, Mansoor Ijaz and foreign and interior secretaries as respondents. The PML(N) can, thus, claim that it is keen to ensure the continuation of the system . The petition maintains that those who were involved in any way in the production of the memo have conspired to weaken and demoralise the armed forces and are thus disloyal to the state.

Till Wednesday morning, the government was undecided over the investigation committee it had promised to set up. Reportedly, the matter also popped up during the one-on-one meeting between the president and COAS on Wednesday. In case, the SC decides to take up the petition the government might find that has been overtaken by events. The SC alone can decide if it can send a binding summons to a foreign citizen and call a president enjoying immunity under Article 248 from being answerable to a court. It would be the first time in the country’s history when a COAS and a DG ISI are made to appear before any court.

While the issue is now before the SC, what one expects is that all stakeholders would work towards strengthening the system. There is only one way in which this can be done: following the constitution in letter and spirit. One hopes all institutions would work together to fortify the democratic process initiated after 2008. Among other things that need to be done is to ensure that the principle of military subservience to the civilian authorities is completely upheld so as to dispense with any possible reason on the latter’s part to look for external props.