For the second time this year, the Supreme Court is setting the stage for a potential contempt case against the country’s prime minister for ignoring its order to revive longstanding graft proceedings against President Asif Ali Zardari, escalating a contentious standoff between the judiciary and a civilian government struggling to complete its term in office.
The Supreme Court on Wednesday issued a show-cause notice to Prime Minister Raja Pervaiz Ashraf for his failure to comply with court orders regarding writing a letter to Swiss authorities in the National Reconciliation Order (NRO) verdict implementation case, directing him to appear in court on August 27 to explain his inability to implement the court order and why contempt of court proceedings should not be initiated against him.
A five-judge special bench comprising Justice Asif Saeed Khosa, Justice Amir Hani Muslim, Justice Ejaz Afzal Khan, Justice Ijaz Ahmed Chaudhry and Justice Sheikh Azmat Saeed issued the notice to the chief executive under Section 17 of Contempt of Court Ordinance 2003 read with Article 204. The order stated that the Supreme Court’s decision had been persistently disobeyed and that it was unfortunate that the prime minister failed to follow court orders.
The court also rejected a request by Attorney General for Pakistan Irfan Qadir for granting more time so that the chief executive could come up with a positive response over its direction for implementation of para 177 and 178 in Dr Mobashir Hassan case. The bench noted in its order that it had been unable to subscribe to submissions of the AG over the detailed judgment in the NRO case and remarked that the implementation bench could not go to revisit the concluded judgment. During the hearing, Attorney General Irfan Qadir read out the apex court’s directive of July 25. Qadir said the government was taking serious steps to resolve the issue, adding that more time was required to arrive at a settlement. He apprised the bench in response to its earlier order that efforts were underway for a positive outcome from the government, and said he was hopeful that a good outcome would arrive soon. He requested the bench to defer the proceedings until Eidul Fitr, saying the issue might be taken up in the first week of September as all stakeholders would be taken on board.
Qadir also referred to his busy schedule before the bench seized of contempt of court matter last week and informed the court that he could not find time for perusing the matter. He assured that he would utilize all his energies to resolve the matter. Justice Ejaz responded that enough time had been given to the government in order to formulate a response in this regard. The AG said given the government’s ongoing efforts, the gulf between the two state institutions would cease to exist.
Justice Khosa remarked that the bench could not move an inch away from its previous decision and asked the AG why had the government failed to arrive at a decision in spite of being given enough time to do so. The bench also rebuffed the version of the AG and quoted a TV interview of law minister related to prospects of moving a review appeal against the said judgment.
Justice Amir Hani Muslim remarked that they had already reposed confidence in him and still had the same, but he should realize the parameters of the court. The AG said the media had reported that the instant issue was delayed during the previous hearing so that the court could strike down the contempt law, but he did not believe in such things. He said they had still the option of moving a review against July 12 order. The bench later adjourned proceedings until August 27.
Attorney General Irfan Qadir later told reporters outside the court premises that he did not expect the court to issue a show-cause notice to the chief executive of the country. He hoped that the Supreme Court would exercise restraint in the NRO implementation issue. He said being the AG, he always talked of reconciliation and maintained that there should be no clash between state institutions. To a question, he said the only the recourse under law should be adopted. “The constitution has to be followed. The prime minister has taken oath under the same constitution and we all have to adhere to it,” he added, hinting that the government had no intention to implement the court order as the president enjoyed immunity.
PPP begins consultations: Soon after the SC’s directions, leaders of the Pakistan People’s Party engaged in hectic consultations to consider the future course of action, according to media reports.
Prime Minister Ashraf hosted an Iftar reception for PPP lawmakers where the main topic of discussion was the SC’s directions to the PM. TV reports said that the party’s MPs also used the opportunity to complain against the non-cooperation of the federal ministers. Meanwhile, President Zardari had a closed door meeting with the Chaudhrys of Gujrat, Shujaat Hussain and Pervaiz Elahi. The three leaders discussed the government’s strategy in wake of the court’s directions.Many observers believe Chief Justice Iftikhar Muhammad Chaudhry’s pursuit of the graft case against Zardari reflects the intense animosity clouding their relationship ever since Zardari’s ascent to the Presidency in 2008. At that time, Zardari resisted reinstating Chaudhry, who had been removed as chief justice earlier by former military leader Pervez Musharraf. Zardari feared that Chaudhry would seek a reopening of the Swiss graft case if he were reinstated. Eventually Zardari gave in, following massive displays of popular support for Chaudhry. The conflict with the Supreme Court is just the latest in a long line of crises for Zardari’s government, which has endured frequent tussles with the country’s powerful military and has struggled to tackle Pakistan’s most pressing problems, including a stagnant economy and power outages that rob many cities and towns of electricity for more than 18 hours every day.
PM’s DATE WITH FATE ON 27TH
