To be or not to be PM, that is the question

SC soon to announce its verdict on PM’s disqualification

Justice Wajih said if the PM’s disqualification was related to Article 62 for not being Amin or Sadiq then he should have been called to court and should have been permitted to explain his position and clarify the contradictions between his statements and those of his children

The Panama Papers scandal seems to find no end ever since it came to the fore in April 2016. It seems like the whole world has moved on from the scandal, but like always Pakistan has failed to do so.

The five-member bench that heard the case from scratch under Justice Saqib Nisar’s authority was led by Justice Asif Saeed Khosa.

After prolonged hearings of the Panama Papers case, when both the defence and prosecution finished their arguments, the Supreme Court closed the proceedings and reserved its ruling.

It is understandable that it is not possible to give a short order in such a case, where 26,000 pages have been filed during the Panama case probe.

“We will decide this case only by the law… such that people will say 20 years down the line that this judgment was made by the book,” said Justice Khosa.

Now, the question is what will be the apex court’s final verdict? Will the prime minister be disqualified or not?

After the last hearing, both the ruling party and the opposition stated that the SC’s decision would be respected. The repercussion of the verdict will be clear with time after the decision is made.

Advocate Azam Nazeer Tarar, while talking to DNA, said the apex court might present its verdict within two weeks. However, it might take longer, considering the sensitivity of the case.

If the Supreme Court is to follow the proper law, it has the right to reserve the verdict for a long or indefinite period, said Advocate Majid Bashir.

Furthermore, if the SC is to constitute a commission, an inbuilt mechanism that ensures proper and effective decisions should be made.

“The PM can be asked to step down from his executive position for the time being,” said Justice Wajihuddin Ahmed.

“The bench can investigate further into the allegations, and if the evidence is strong there is no moral justification for him to continue, thus he steps down from the position while the parliamentary party elects another leader and the PM faces trial like a normal citizen.”

If the PM clears the trial, he can resume office normally, he added.

Another alternate way mentioned by Justice Wajih to DNA was that the PM is given a time period to submit his resignation, which when not accepted will face political repercussions.

“If PM fails to do so, his government will be dismissed, with the PM office falling vacant and then the parliamentary party elects other leaders,” he said.

If PM is disqualified

Keeping in mind the history, we know that this is not the first time the judiciary is hearing the case against a sitting prime minister.

In 2012, Yousaf RazaGilani belonging to Pakistan People’s Party (PPP) was disqualified as prime minister after he was found guilty of contempt for refusing to comply with a Supreme Court order to reopen dormant fraud investigations against then President Asif Ali Zardari.

Thus it can be said that whatever the decision is, it won’t be the first one in Pakistan’s history against an acting PM, as long as it’s the right decision.

“There will be a major earthquake in the country and the government will be shaken if the PM is disqualified,” said journalist and columnist Ayaz Amir while talking to DNA.

“In Yousaf Raza Gilani’s case, he was the prime minister but was just a PPP representative. But Nawaz Sharif is the Pakistan Muslim League-Nawaz (PML-N), he is not just a representative of the party.”

What comes after the disqualification is the selection of a new government, which will not be easy. Everything will have a question mark and people are likely to see Imran Khan on the charge.

“Everything will be thrown up in the air and Imran Khan’s eligible standing will be strengthened,” he said.

“The disqualification is very unlikely.”

Furthermore, PML-N states that if the decision is taken against them, then the court is depriving them of a usual right to appeal. Therefore, it can be said that this a case of further inquiry.

Moreover, Pakistan Tehreek-e-Insaf’s member Mehmood-ur-Rasheed was of the opinion that the PM will be disqualified and there is no second option there.

“The PM has been accused of corruption, and if he can’t prove his accountability, there is no reason the apex court can’t disqualify him,” he said.

The aftermath of the decision will come after the opposition holds an internal meeting following the verdict, whether to accept the verdict or hold a mass movement.

Not only that, he was of the opinion that if the court disqualifies Nawaz Sharif, this would be a turning point in Pakistan’s history because if nothing else, corruption would die down.

If PM is not disqualified

If the court makes a decision, not in favour of the PM and Nawaz Sharif is forced to step down, the government is likely to collapse, probably forcing an early election.

PML-N Information Secretary Mushaidullah Khan was of the strong opinion that the PM is not going anywhere. According to the senator, the opposition does not seem to have a proper argument. It is just the hype created by the media and opposition parties to pressurise the PM to step down.

Furthermore, Advocate Azam said the decision should be made on the basis of law and not on morality. If the PM is not disqualified and the opposition is not satisfied with the verdict, they can approach the people. Thus, the decision can be made as they cast their votes for the next elections accordingly as their campaign continues till 2018.

Ayaz Amir also said if the PM is not disqualified, the case will linger, and the opposition will keep questioning the truthfulness and accountability of the PM along with his moral standing.

“His accountability and the case will go on,” he said.

Lastly, Justice Wajih said if the PM’s disqualification was related to Article 62 for not being Amin or Sadiq then he should have been called to court and should have been permitted to explain his position and clarify the contradictions between his statements and those of his children.

Furthermore, the disqualification under Article 62 at the level of SC at this stage is not right.

Thus, SC is left with a situation where a very high-profile case is being contested in the country and there is no proper forum to try it.

So whether the PM will be disqualified or not, only time will tell what is in store for the future of our country.