Legal experts, meanwhile, continue to question the new law passed by parliament, protecting office-bearers against contempt proceedings. Many of them appear to believe that it will eventually be struck down. But beyond the legalities, the issue is really not quite so relevant. The fact of the matter is that the Constitution grants immunity to the president and the Swiss authorities have already said that given this, no action will be possible on their part.
Given these circumstances, we wonder why there is so much insistence on writing that letter. Surely, the future of the country is more important than an official request typed out on letter-headed paper. What then are the compulsions that are driving the matter on and on? We need to think about the problem with an open mind at this point in time. Logic must dictate what happens next, with the interests of the country and its nascent democracy put above everything else. The fact of the matter is that we simply cannot afford repeated stand-offs between the judiciary and the executive. It is essential that all institutions work together, putting commonsense above all else and following the supreme law of the land. If this does not happen, we will be destined for more trouble and even greater chaos in the weeks ahead.
Published in The Express Tribune, July 14th, 2012.
COMMENTS (9)
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Agree with your editorial. With due respect I think the honorable, power -hungry CJ has gone bonkers...its time he is relieved of his duties...enough of his disrespecting and violating the basic provisions (Art 248, Art 184, Art 69 etc, etc) of our Constitution and abuse of the contempt powers and his authority and corruption.. This judicial coup in overthrowing an elected chief executive of the country must be dealt with..
Can someone work out the direct, indirect and opportunity cost to the nation in this futile debt collection activity?
This chief sahib has involved himself in pitty politics. He has marred his image and an important institution---Supreme Court---has been dragged into worthless job.
dear editor, well said ! but please try this for circular justice. lets assume: that the hon cj is really, really irked by the men who use their position and influence to steal money from the nation and its people. hence the crusade against the writing of the infamous and very questionable swiss letter. right. and, all this at the cost of the same hapless nation and the same people. right. but,what happens when his own family, wife, daughter and infamous son go missing for 2 months.holidaying in one of the most expensive european capitals, london ,uk ?? plus: the rather mediocre sibling amasses a very large fortune.
who needs to clear the picture here? asif zardari? or the hon cj ?
PCO judges should go. They are damaging the supreme court with their behavior and damaging Pakistan's future.
Its so silly. All the govt. has to do is write a letter to swiss folks saying the court has ordered the govt. to write a letter requesting swiss folks to reopen prosecution, but it is the Pakistan govt's belief that President enjoys immunity under Pakistani & international law.
The court can't insist the exact content of the letter - if it did, then it is reducing the govt. to the role of a clerk who takes down dictation. And, govt. would've met the court order of writing a letter.
Learn something from the americans. They gave a 'sorry' without really saying it. Pakistan can do the same - write a letter without giving up the immunity!!