Same ol’, same ol’
Little has changed as a result of the Supreme Court full judgment. Those who had hoped that it would clarify the issue of the prime minister’s status are bound to be disappointed. More so the politicians who had planned long marches if the PM refused to abide by the verdict. Gilani remains cool claiming that he cannot be removed till he has exhausted all the legal avenues available to him. The PM’s counsel maintains that there are more mistakes in the detailed verdict than in the short order and is confident of winning the case in appeal. Those arguing that Gilani has lost the moral right to remain in office forget that the law does not recognise morality as a binding force.
The detailed judgement only elucidates some of the points in the short order, particularly that the prime minister is guilty of contempt. The SC bench has neither categorically referred his case to the Speaker with directions to initiate proceedings for his disqualification nor has it said anything which could lead to his immediate removal from the office. The short order had left even the Election Commission mystified, leading the then DG EC to write a letter to the SC seeking clarification on what it had been directed to do. The detailed judgment also leaves the question unanswered. Would the issue have to be resolved by the Speaker of the NA in accordance with her wisdom? Can she maintain that no action is needed or is she bound to send the case to the EC? Whatever the answer to these questions, the resulting litigation is likely to consumes months rather than weeks.
What disturbs one is that the judgment keeps the political polarisation intact. The government and its allies maintain that from the legal point of view there is no change in the status of the Prime Minister after the detailed judgment. The PML(N) asserts that he stands disqualified. While maintaining that Gilani has lost the moral right to be the Chief Executive of the country Imran Khan concedes he still has the right to appeal. There is a need on the part the government and the opposition to bring down the political temperature and wait f or the final outcome of the litigation.
