There is much free-flowing contempt
Not unexpectedly, Yousaf Raza Gilani has been found guilty as charged for committing contempt of court by the Supreme Court. The special bench of the apex court has referred to Article 63(1) (g) of the constitution that may disqualify the prime minister from remaining in the parliament since he has bought “into ridicule the judiciary”.
Gilani has been accused of willful flouting, disregard and disobedience of the Supreme Court’s direction in the NRO (National Reconciliation Ordinance) case. Put in plain language, the prime minister has been convicted for adamantly and consciously refusing to write a letter to the Swiss authorities to reopen corruption cases against the president.
In the immediate aftermath of the initiation of contempt proceedings against him, Gilani put a rhetorical question to me: Would Shahbaz Sharif write a letter to convict his brother Nawaz Sharif if asked to do so by the worthy judges? He added that he would not write a letter to convict Zardari come what may!
The PPP has assumed the moral high ground in the face of the conviction of the prime minister. Its strategy simply put is to portray Gilani as a martyr and the party as a victim of the shenanigans of a biased higher judiciary.
The party’s political opponents and critics in the media have also invoked morality in calling for Gilani to immediately resign. The leader of the opposition Ch Nisar Ali has gone even further by threatening on the floor of the House that he would not let Gilani take his seat in the parliament after the verdict.
The Pakistan Peoples Party’s case is simple. Its founder Zulfikar Ali Bhutto was convicted in a murder case by the Lahore High Court and subsequently hanged by General Zia-ul-Haq in April 1979. Jurists, and even his critics, now generally acknowledge that the Bhutto Trial was a gross miscarriage of justice and, hence, a “judicial murder”.
For the past four years, ever since the PPP has been in power, it has been at loggerheads with the higher judiciary. The judiciary, on the other hand, claims with some justification that its edicts have been deliberately flouted in order to get away with almost murder in matters of governance and transparency.
A powerful section of the media, the political opposition and traditional anti-PPP forces, in pursuance of their own agenda, have made common cause with a proactive higher judiciary and the Chief Justice of Pakistan Justice Ifthikhar Chaudhry. Thereby, Zardari and Gilani have been successful in creating the perception that the PPP government is a victim of a deliberate witch-hunt as was the case in the past. Recent utterances of Master Bilawal and Ms Bakhtawar have further strengthened the victim syndrome.
Post the verdict, Nawaz Sharif and Imran Khan have called for immediate resignation of Gilani as, according to them, he no longer has the moral or legal right to remain prime minister. Sharif’s party will take a considered stand after its meeting scheduled for Monday.
Imran, however, wants to wait till all legal recourses by Gilani – including the right to appeal – have been exhausted. After that, he will embark on a “tsunami march” to Islamabad to oust him. Essentially, despite the hullaballoo, none of the parties want immediate elections.
The PPP leadership has never claimed to be a paragon of virtue. Elimination of corruption has never been its declared goal; rather far from it, the PPP leadership hasn’t even paid lip service to it while many of its ministers as well as the prime minister’s own family members are embroiled in corruption cases.
However, when the PPP’s political opponents invoke morality, they open themselves to the charge of having double standards; a selective morality perhaps tinged with amnesia. After all, what was so moral about accepting huge sums of money funneled by the ISI to launch an anti-PPP alliance in the nineties. Similarly, Sharif’s moves as prime minister to successfully intimidate and divide the apex court under Chief Justice Sajjad Ali Shah were bereft of any moral compunction.
Our political elite wallows in wealth and luxury. Would it be able to withstand independent scrutiny of its lofty living standards, which the hapless common man can only dream of?
Transparency and accountability cannot be inculcated without across the board consensus on its broad principles. Charges of corruption being frequently leveled by politicians against each other are bereft of any serious effort to initiate a credible system of answerability.
Involving the higher judiciary in settling essentially political scores can become a dangerous precedent. Clash of institutions (read inflated egos) can derail the entire democratic process.
Unfortunately, in the past, the higher judiciary has without exception appended its seal of approval on coupsters of all hue and colour. It has to be more careful now – lest by its actions it unwittingly throws the proverbial baby out with the bathwater. After all, in the end analysis, an independent judiciary is essential to democracy.
As a mark of protest against the verdict, PPP activists took to the streets in some cities of Sindh. On the other hand, Zardari has been claiming without much conviction that Gilani is being victimised because of his support for a Seriaki province.
It is obvious that the PPP has launched an election campaign on the basis of a court verdict that it terms as biased. Its strategy is to exhaust the process of appeal and possible disqualification of the prime minister for a few months and taking it to the point of time of announcing general elections.
Gilani’s lawyer, one of the champions of the restoration of an independent judiciary in Pakistan, Aitzaz Ahsan, has complained that his client was charged under civil contempt but has been convicted for criminal contempt. The matter will have to be decided by a full bench or a larger bench of the Supreme Court whenever Gilani appeals the verdict.
In the meanwhile, the ruling coalition should pay attention to governance issues. The economy needs urgent attention. Elections for a party in power for the longest period in the country’s history cannot be merely fought on slogans but will be fought on the basis of performance as well. This is where lies the rub.
The PPP can justifiably derive solace from winning a by-election in the Punjab Assembly constituency of Multan. Its candidate Usman Bhatti, an ordinary mazdoor, was able to beat the traditional grandee of the PML(N). But this just might be a flash in the pan. The general elections might be an entirely different story.
The writer is Editor, Pakistan Today
This is miss carriage of justice.
SHAHID HUSSEIN QABOOLPURIA,
LAHORE, PAKISTAN
Where ever we have DUM CRAZY(democracy )that all countries have cropcsion using power abusing nation more tax more depth more illegal spending sailing country assicets for own commission raising bank balance that’s way DUM CRAZY was crated victim of DUM CRAZY of USA $15 trilion cos our own intrest we Saleing our assists 2 others having lone from fed bank(a private bank) having more tax for nation I think that’s enough for us to understand why we have problems allover the world uneducated peoples (religion) rlling us
Unfortunately children of Yazid have taken over judiciary
We have Shia President, Shia PM, Shia Chairman Senate, Shia Chairperson Parliament and Qualification to become Federal Secretary too is Siatte. Aren't we Shiatte exposing us un necessarily at the hands of one fool.
Sect background should be non issue.
I like the argument that it is inflated ego which is derailing the system. Iftikhar Chaudhary and his hand picked lawyer turn judges are spoiling the whole system.
They are demoralizing everyone in the country and upright civil servants are afraid to take decisions due to unnecessary interference and humiliating behavior in the courts.
The concept of establishing an apex court in a country like Pakistan was fundamentally wrong. Beggars with kingly minds do not need justice or fair play, they need shoeing and thrashing. The severer, the better.
The PM keeps saying Parliament is supreme but isn't the constitution is supreme. In addition, just because people vote you into Parliament doesn't give you a license to violate the law and the constitution. Didn't Gillani take an oath to be the PM of Pakistan not the PPP. Why doesn't the PPP have the courage to amend the constitution to disband the judiciary and let assemblies hear and decide cases be it civil or criminal. In 2000, Al Gore lost the election due to a 5-4 decision by the Supreme Court of the US in which the judges appointed by the Republicans voted against him but he didn't whine about the decision and accepted the verdict.
Zardari was right not to restore CJ. CJ is responsible for current state of affairs. one example is karachi steel mill that he didn't let privitise…!
30 seconds punishment is a Joke with the nation & Justice as well. "And when someone from elite class commit crime they take no action & hell falls on the poor"
Democracy has failed in pakistan to deliver; people are uneducated morethan 70% live in villages. They are being exploited.Total debt of the country exceeds 120b$. 50% of national budget goes in debt servicing. When the common man is suffering the president of the country goes abroad for simply medical tests.
I would like to congratulate to CHIEF JUSTICE SUPREME COURT what a decent
punishment to DISHONEST PRIME MINISTER OF ISLAMI JAMHORIA PAKISTAN WHO
are involve mega corruption cases of TRILLION RUPEES AND UNDERMINING THE
QUAID PAKISTAN.I think the name of PRIME MINISTER put in GENIZE BOOK FOR A
RECORD.My earnest appeal to HONORABLE C.O.A.S GENERAL ASHFAQ PERVEZ
KAYANI PLEASE IMPLEMENT MY NINE POINT AGENDA WHICH I HAVE ALREADY
SEND TO YOU AND YOUR KIND REPLY ALSO RECEIVE ME ON 20/12/2011
all those who are trying to get rid of elected government…with the help of army and judiciary…shame on you.
the government is not elected theoretically speaking. I mean people voted for this government due to benazir's death, which in itself is a wrong reason. Please don't imply that the nation would voluntarily elect someone like zardari to powe; the people may be uneducated but they certainly are not stupid.
50% of votes were fake so WHO elected the government?
Yes, definately, shame on all such people, since they know no better than to hate blindly, and are led by propaganda only. Allah demands justice, not viciousness. And for that reason He gave Aql, if only people would use it. The PPP does not need to "play" any victimisation card…….that it is victimised relentlessly is as clear as daylight, especially victimised by the judiciary, from the judicial murder of Mr Bhutto to finding PM Yousaf Gillani guilty on useless charges. Out of 8000 cases under the NRO, the judges can only focus on Asif Ali Zardari. And where is the Ghairat Brigade when the higher judiciary is bent on dragging the highest office of the land through mud before the rest of the world? Or is ghairat selective only? Not that that would surprise anyone, considering that it is the PPP that is always at the receiving end……a glaring fact that cannot be denied, no matter what!
Again most comments not relevent to the column.So do not point fingers but look inwards.We have the rulers we deserve.
It means pakistani muslims are worse in the world?
Dear Khan Baba
Not in this world but the cannibals, stony hearted warriors of Chengez Khan, Savage Arabs of Pre-Islam period and , if Darwin is right, beasts, brutes, dragons and all anacondas put together are million time innocent than the nation called Pakistanis. Those who put justice out of office are worse than any creature crawling on this planet.
when judges r prejudiced they forgot the fate of maulvi Mushtaq,the bees over his dead body.
How nature acted.
when feudal lords are beyond justice, heaven does not need to down us with drones, we are self destroyers. We are faithful to some persons, dead or alive, but not with law of the land. We need some Nazi army to teach us basic human rights of equality and justice.
we dont knw abt the judicial murder of bhutto. we r sick of it bt we hav seen this ppp govt in our complete consciousness. these rascals need something like bhuttos hanging & benazir like death. they hav forgotten that its a matter of seconds, example is bhutto & benazir. so the law of Allah is eternal. they will b punished not by judiciary bt by the divine law. IA.
Please try the link again, I fully agree that news is not wrong. This further gets confirmed by reading the comments at the link http://hbfc-pakistan.freewebspace.com
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