This is with reference to statement of Qamar-uz-Zaman Kaira, Minister for Information (06 May), that he does not accept the interpretation of Sharif’s in PM’s contempt case. He is justified in saying this because every one have become law expert therefore has the right to interpret the constitution suiting to his genius and convenience. What is article 63(1)(g) of the constitution? It relates to the disqualifications for membership of Majlis-e-Shoora (Parliament). Para (1) says that a person shall be disqualified from being elected or chosen as, and from being, a member of the Majlis-e-Shoora (Parliament), if, after this we have eleven conditions that result in the disqualification.
The point to understand is that this article says that a person shall be disqualified from being elected or chosen as and from being a member of the parliament if he falls under these clauses. This article is applicable when someone is contesting elections. In PM Gilani’s case, he is already elected and was cleared by the Election Commission of Pakistan, and by virtue of this clean chit he is the Prime Minister of Pakistan.
This article of the constitution shall apply to him once he contests fresh elections. Since the law is silent about the people who have already been elected, that is the main reason that the SC has decided to constitute larger bench in case PM files appeal against contempt punishment. Yes, morally he had the choice to quit or continue with the stigma of being a convicted PM.
Parliamentarians have had enough free hand, it is time that ambiguities are removed from the constitution once for all. Secondly, in a country where rule of law has never been practiced in its true letter and spirit, irrespective of the rulers, it will take time for things to reconcile with the independent judiciary. Those who think things can be changed overnight are unaware about the ground realities. Patience and tolerance must supersede all ambitions and that is the only solution to the present crisis.
MUKHTAR AHMED
Karachi