Taking it to the SC

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The ball is now in the Court

The tendency among the political class to seek the removal of their rivals from the political scene through courts rather than normal democratic practices has harmed democracy in the past and is likely to do so again. During the 1988-99 period, the practice was to cook up false cases of corruption against the opponents. This time, the PML(N) has taken a different route, taking the memo case to the SC hoping that it might help it get rid of the government before the March Senate elections.

The government had already referred the memo scandal to the parliamentary committee on national security which was scheduled to initiate proceedings on the matter sometime at the end of next week. The committee is headed by a Senator known for independent views. In a nascent democracy like Pakistan, there is a need to strengthen the parliament and its committees instead of questioning their authority as Nawaz has done during the hearing of his plea. He said he had no confidence in parliament, where till recently one of the PML(N) stalwarts was the leader of opposition and chairman of public accounts committee and from where its members have yet to resign. Another petitioner belonging to his party objected to the parliamentary committee as having no constitutional backing. This is ludicrous in view of the fact that another parliamentary committee, despite lacking constitutional backing, had formulated amendments through consensus that led to the 18th and 19th amendments restoring the constitution to its true form.

The SC has accepted the petition for regular hearing. In rapid and decisive moves, the court has sought replies from the respondents including the President, COAS and DG ISI within 15 days. It has also appointed a one man enquiry commission, directing him to collect evidence on the memo and submit report within three weeks.

A number of PPP leaders have maintained that the case is a conspiracy against President Zardari. Gilani has however overruled them maintaining that the judiciary is keen to preserve the system. Meanwhile, one expects much more than efficiency on the part of the SC while haring the case. With political polarisation on the rise, the court needs to be seen to be completely above political strife. This would be the best way to silence the critics.

2 COMMENTS

  1. the PPP govt is makin a mess out of the issue. they dont accept court orders, they dont like the jury, they dont like the prosecutor etc etc, they only like zardari and $$$$. HH shud b trialed 4 embaraccing the PAKISTAN, its ARMY,ISI. the memo scam has brought alot of shame to the country n now after implicating nawaz sharif in the scam, ARMY n ISI r also being implicated by the GOVT in it. this will lead to disaster for zardari. he will hav to resign if he is takin the wrong sides. facts r facts. HH is involved one way or the other. he shud b investigated n the PPP govt shud fully facilitate the process instead of playing games n blaming the JUDICIARY n PROSECUTORS in advance. this is pre-emptive response so tat if HH is sentenced, PPP will take the plea tat justice has not been done

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