The court wants the government to write that blessed letter to the Swiss authorities. That has been made painfully clear. But the prime minister still insists for the court to be clear. Is he being facetious? No, not really; he is dead serious. If the court wants the government to do what it orders, then it has to be pretty clear on why it should be done. The why isn’t much of a problem; a case can easy be made for it. But that decree will have to be followed by a particular interpretation of the issue of immunity. Will the court want to do that?
At present, there are several cases that the press routinely mixes up. One is that of contempt of court, which involves the prime minister. Other cases before the court might influence the decision in this case but they are separate cases nonetheless.
“I follow rules, I follow the Constitution and I don’t feel that I have done any contempt,” he said the other day, regarding the case.
Speaking to reporters in Lahore yesterday, he said that the issue of presidential immunity should be referred to the parliament. Regardless of one’s views on the immunity, the premier’s words do ring true if the court is completely hesitant about giving a formal verdict on it. In the latter case, the question of immunity is a legislative issue, not a judicial one.
The parliament is a surprisingly flexible institution. Consider the issue of the appointment of the judges in the 18th Amendment. The court had issues with it and sent it back to the house. Politics being the art of the possible, the representatives of the people were able to thrash out a healthy compromise amongst themselves. Sending this issue to the parliament won’t exactly be a cakewalk for the ruling party; they would have to jump through the flaming hoops of the opposition benches like they do in other cases. But if they are willing to put it through the test, they should be allowed to.
This state of limbo is dragging out for much longer than it should. The court has many important things on its plate. The hundreds of thousands of litigants across the country should be respected.
