Above the law?

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“Mujhe kiyun nikala” is too petulant a battle cry

 

 

Mian Sahib,

Tehmina Durrani correctly stated it is high time that you surround yourself with better advisors.

The current ones seem to be misinformed or even worse ignorant.

 

It was a bright, clear morning of April in the year 2012 when the Supreme Court of Pakistan convicted Yousaf Raza Gillani for contempt of Court and a few months after that sent him packing. Emotions ran high and democracy stumbled as the elected premier went home. Democracy was indeed considered under threat and its long due revival again loomed in the dark. Nevertheless, Mr Gillani himself wasn’t considered democracy; he was a mere part of the democratic process. Within a few days a new face emerged and the process continued.

Till date the Pakistan people’s party cries out loud that they were victimised but not once did they consider drawing swords against the judiciary. Patience on their part not only helped them win some degree of sympathy but also helped to preserve the sanctity of one of the foremost institutions of Pakistan.

Five years further down and a similar situation was witnessed again but with a significant difference. Another premier was sent packing but this time not for committing contempt but rather for being dishonest and furnishing a false declaration under oath.

All of a sudden democracy is threatened. Conspiracies behind the curtains are being hatched. The titans of Rawalpindi have “allegedly” launched an attack on democracy. However let us not confuse the words here, by democracy our dear friends mean Nawaz Sharif and Co. Despite the fact that a new Prime Minister has taken charge and democracy continues to prevail, the Noon league boys believe it to have been abrogated.

They seem to believe that democracy only means Nawaz Sharif and without him the democratic process cannot continue. Secondly, they also seem to be unaware of the reasons behind the July 28th verdict. Precisely why, “Mujhe kyun nikala” so rousingly echoed throughout the GT road trip. For more than a year the Panama episode has been witnessed by the entire nation. No matter how many manipulative tactics are deployed by the ruling party, everyone is aware of the allegations levelled and to some extent established against them.

It needs to be understood that the disqualification of Nawaz Sharif was only one aspect of the Panama verdict. The more important decision announced by Justice Ejaz Afzal Khan was the reference ordered against the Sharif family and the direction to the National Accountability Bureau to file the same within six weeks.

“Mujhe Kyun Nikala”?

The question Nawaz Sharif and the minions keep on imploring.

Mian sahib, it is very respectfully reminded that you and your family are under investigation for corruption charges and not part of some grand conspiracy. As Tehmina Durrani correctly stated it is high time that you surround yourself with better advisors. The current ones seem to be misinformed or even worse ignorant.

Had this been an ordinary citizen of Pakistan, the NAB by now would have dragged him by the collar and locked him up in a dark hole and forcefully interrogated him. Even the courts might have denied bail and the allegedly accused would already have begun to serve a de-facto sentence. However when it comes to the royal Sharif family, they have expressly refused to appear and co-operate with NAB.

As ignorant as it sounds, they have taken the plea that as long as the review of the Panama verdict is pending they cannot appear and record their statement. Although the family is surrounded by extra ordinary consigliores’ yet one fails to comprehend how they remain so ill-advised especially legally. Until and unless the Supreme Court takes up the review petition and issues an interim order, more commonly known as a stay-order, the 28th July verdict stands intact and the said respondents are bound under law to adhere to it.

Refusing to appear before the NAB is a blatant disregard of the law and gives a clear understanding of the Sharif family’s intentions. They have decided to flex their muscles and challenge the state institutions into a duel. The next step available to the NAB is to move forward and arrest them. After all they face graft charges not perpetrated by any political opponent but rather ordered by the independent supreme judiciary of Pakistan.

The other interesting point to be considered is Nawaz Sharif’s constant tirade against the judiciary and his attempt to malign them by manoeuvring the masses against them. According to him, how dare the 5 members of the bench disqualify him? After all he served the mandate of the people and represented them.

Mian sahib, it is again reminded no matter how many people vote for you, it is the constitutional responsibility of the state institutions to uphold the law without discriminating and that is exactly what they did. Moreover a strong rumour is taking stage that the speaker of the National assembly is all set to file a reference against Justice Asif Saeed Khosa. By all means the speaker or anyone else for that matter reserves the right to file a reference but there needs to be a particular purpose behind it.

Filing a reference basically because the said judge has issued a verdict against them or made certain observations, which are true in nature and against the speaker is not sufficient cause or even actionable. This draft prepared is a clear indication by the ruling party that they have worn their gloves and are ready to jump in the ring.

Desperate times call for desperate measures. Such tactics only reflect that the boat is indeed sinking. It struck the glacier on 28th July and is soon to become the rendition of the Titanic’2017.

Once again the judiciary should ensure that law is respected and upheld, firstly by taking notice of the openly contemptuous speeches of Nawaz and secondly their audacity to not turn up before the NAB team. Just because their last name includes Sharif, they should not be extended preferential treatment. Since the accused Sharif family, has not even obtained protective bail therefor as per the law, they remain vulnerable to arrest.

As an optimist, I hope to see the day when the rule of law is upheld in this country and the likes of the Sharifs are arrested with the same swiftness that an ordinary criminal would have been.