Towards an abyss

The executive and the judiciary on warpath

The PPP might find soon that the perception of invulnerability it had developed after forging strong political alliances was far from being realistic. The two court cases it faces now are moving to their conclusion. In both cases the government has taken a stand that could be interpreted as the defiance of the SC. The enquiry commission appointed to probe the facts about the Memo Case is scheduled to finish its work by the end of this month. Much of the case depends on the production of incriminating material, if any, by Mansoor Ijaz who is yet to appear before the commission. While the case is proceeding apace, President Zardari has taken the stand that he would accept only the decision of the Parliamentary Committee on National Security in the case. The SC bench constituted for the implementation of the court’s verdict on NRO had given the government up to January 10 to write to the Swiss authorities to reopen the cases against the President with a warning that in case of non-compliance, the court would take action. The PPP-led government, however, continues to hold that the issue of the presidential immunity needs no interpretation by the court as the constitutional provision in this regard is clear and self-explanatory. The SC, on the other hand, has ruled that anybody seeking immunity has to take the matter to the court.

The ongoing standoff can have a detrimental impact on the system. Will the government change its policy on writing to the Swiss authorities at the eleventh hour? Will the court continue its policy of judicial restraint and move towards getting the orders implemented through government functionaries? Sooner or later, the court might decide invoking Article 190 requiring all government departments and agencies to assist the SC in the implementation of orders.

The SC realises the need to strengthen the system by upholding the constitution and not allowing any institution to transgress its limits. While one hopes judicial restraint would continue to be exercised, one also expects the government to realise the gravity of the situation. Both the executive and judiciary need to work towards saving the system.