The trichotomy of power

Regarding the executive and the judiciary, the Constitution of Pakistan 1973 has described a system of trichotomy of power.

The constitution assigns the Supreme Court a unique responsibility of maintaining harmony and balance between the three pillars of the state, namely, Legislature, Executive and Judiciary.

The idea is to ensure that the state organs perform their respective functions within the stipulated limits and constraints.

As a guardian of the constitution, the court is required to “preserve, protect and defend” this document. But it is very sad that the current judiciary under the Lordship of Iftikhtar Chaudhry has failed to maintain harmony and balance between the pillars of state.

The executive has gone all out to defend the system of trichotomy of power envisaged in the constitution of Pakistan. Even the chief executive of our country, the prime minister of Pakistan, is going to appear in the Supreme Court for the sake of defending democracy.

The number of NRO beneficiaries is 8041. So far, only one person, the president of Pakistan, has been targeted and the remaining 8040 people seem to be exempted from accountability. Is this not against national interests?

As far as the president is concerned, Swiss cases are no more an issue as former Swiss Attorney General Daniel Zappeli clarified that the “Swiss courts cannot reopen the cases against President Zardari due to the immunity he enjoys as President.”

The furore must die down as the international law also provides immunity to President Zardari. We have practical examples of France and Sudan regarding this.

The French courts do not take action against Sarkozy for his alleged involvement in the submarine scandal, allegedly done while he was not the president and the Sudanese president is not being arrested due to his sovereign immunity anywhere in the world despite an International Criminal Court warrant against him, for violations he did while in office.

President Zardari is the lawfully elected president and is as such immune from any legal action under the article 248 of the Constitution.

Mr Chief Justice should follow the constitution of Pakistan because clashes between institutions cannot be digested by our country, against the backdrop of a faltering economy, widespread poverty and the bloody war with Islamist militant groups.

DR SAIF UR REHMAN

Islamabad