Is Gilani's indictment good for democracy?

We need a court that does not back down from taking on traditionally powerful institutions.

Aziz Nayani February 14, 2012
With the news that the Pakistani Supreme Court, in a widely expected hearing, indicted Prime Minister Gilani yesterday morning, it is becoming increasingly clear that the two national institutions, the judiciary and the civilian government, are headed for a full-on collision.

Despite statements over the weekend, where the Prime Minister seemed resigned to losing office, there is little indication that a resignation from the PPP stalwart is coming any time soon. If Gilani is indeed destined to cede power, it will likely come at the behest of the Chief Justice Chaudhry and his court. As chaotic and unpleasant as the entire circumstance has been, this is an exercise in the democratic process, albeit not a perfect one, and should the exercise be completed in the full spirit of the law, Pakistan will be better for it.

But the exercise is coming perilously close to one party usurping and exerting power in a counterproductive way. Undoubtedly, it is the judiciary that comes from a position of strength in this conflict, as it has the authority to subpoena, indict, charge, and convict anyone in the country, and as it has shown, its scope includes leaders of the civilian government as well as more clandestine operatives such as the ISI. With that scope and authority, the courts have a responsibility to ensure that their branch of government does not also become a harbinger of distrust and unfairness. For starters, Monday’s indictment came as no surprise to anybody, as the Prime Minister’s appeal against the contempt charges were denied just days earlier by essentially the same judicial body. To demand the genuine trust and credibility of Pakistanis, the court needs to have a system of checks on their own powers. Creating a separate court of appeals, or a similar body that is excluded from a conflict of interest, would be a good starting point. There are simply too many opportunities for the opponents of the courts to politicize the judiciary. More so, for the long-term betterment of the democratic process, eliminating conflicts of interest from the judicial branch is a must.

It is hard to imagine that Gilani and his government come unscathed from this confrontation. If the court does not convict Gilani, it will be only because the Prime Minister will have preemptively given in to the demands. Either way, the reputation and standing of the government will be scathed, and the PPP’s critics of the courts will come out in condemnation of Chaudhry and company. The court has already been condemned to being labeled as “politically motivated”, and such attacks will only continue to intensify by proponents of the government. Despite the politicization, the country needs a strong judicial system, and it needs a court that does not back down from taking on traditionally powerful institutions, such as the civilian government or the ISI – so long as its legal challenges are merited.

Pakistanis have a long and detailed history of being let down by their political institutions. Credibility and perception, therefore, are paramount in how the courts pursue their cases. While the Chief Justice Chaudhry is a popular figure in Pakistan today, the efforts to demonize him by his opponents can certainly bare fruit. Give it enough time, and they will. The democratic process is contingent upon successfully holding accountable any and all transgressors of the constitution. This court has bravely strived to do that. But it is critical that the courts refrain from becoming perceived as political institutions with conflicts of interest; something that will only accomplish by building more checks and balances into the judiciary itself.

Read more by Aziz here.
WRITTEN BY:
Aziz Nayani Is a writer who currently lives in Cambridge, Massachusetts. His work has appeared on the Huffington Post and Foreign Policy's AfPak Channel. He tweets @AzizNayani
The views expressed by the writer and the reader comments do not necassarily reflect the views and policies of the Express Tribune.

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COMMENTS (14)

rex minor | 8 years ago | Reply | Recommend Stop playing around with words which are foreign to Pakistan. Pakistan does not have a democracy, but definitely a dysfunctional Govt! Pakistan institution are equivalent to headless chickens who are running around in opposite directions each considering his domain as the chief. Hw can a court indict a stting elected Prime Minister, who has the immunity of the Parliament. The prosction must request the Parliament to set aside the immunity of the Prime Minister, before they can prosecute and eventualy indict him? This scenario has just occured in Germany in the last 24 hrs to the President of the republic. Well, the President has resigned and now the way is clear for the prosecutor to proceed with his investigations of alleged corruption and if the charge can be supported with evidence, the case will then go the court for a trial. I say to MESSRS Gllani, Zardari and thde supremo to stop playing the kindergarten spiel and sort ut the mess with the yanks who are getting ready to set up permanent military bases in Pakistan.
Bilal Afzal | 8 years ago | Reply | Recommend People not only need food, cloth and shelter but they also need justice. Indictment of Supreme Court regarding PM manifests that no one is above the law and no on can save his skin from the long arm of law. It is also a point of concern that SC had been a tool in the hands of former dictators but this judicial activism not only started against the dictator but it also toppled the government of the dictator. So, comparing it with the earlier submissive courts would be injustice. Also, if someone else is not being held accountable in SC, it doesn’t mean that no one should be held responsible and everyone should give impunity from law. There are probabilities that this decision can be political motivated move but PM himself created the opportunity for his adversaries. As, SC reminded him time and again vis-à-vis writing the letter to Swiss government but he never did so and blatantly defied the orders of the court. Also, what has the PM positive in his bucket? Are they blackouts, collapse of public sector institution, maladministration of country affairs, the highest ever debt over the country, distrust for international community. More importantly, he doesn’t have a confidence of a people and people’s opinion is the strongest court of the country.
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