Some would say that, perhaps, the Supreme Court should have recognised the perfect face-saving measure that the PPP had provided to it in order to end this long-standing constitutional morass. In explaining its refusal to write the letter, Prime Minister Ashraf specifically cited the president’s immunity from prosecution and claimed that asking for the Swiss cases to be reopened would violate this constitutional provision. The Supreme Court, however, chose not to pay heed to this argument. The Swiss authorities have also said in the past that they would be unlikely to reopen any case against a sitting head of state. What is important now is that this matter be brought to a dignified close that allows the PPP to live out its remaining days in power without any further clash between institutions. The sanctity of the Constitution, the principles of democracy and political stability must be upheld by all stakeholders.
The PPP is now in a battle of time for its own survival. It is able to weather the dismissal of one prime minister; another forced removal may precipitate early polls. That may just be why Ashraf asked for a few more weeks to study the legal aspects of the case — a request that would otherwise be absurd given that the PPP has had more than two years to formulate its position in the matter. Running out the clock for as long as possible may be the only option the Supreme Court now has left for the beleaguered PPP.
Published in The Express Tribune, August 28th, 2012.
COMMENTS (10)
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To spreme court-save our souls not our pockets.
every one is equal,there is no difference in a common man and a PM....... i wish that i have that immunity too so i can do what ever i want....... that is ridiculous rule of law. i mean if they are not the culprit then there might be no problem writing a letter.... and should't be afraid of anything.
if the swiss have said that they will not reopen cases, then PPP should write letter and end this messy business. courts cannot settle arguments by political maneouvering as politicians do. Give the SC a break!
@Jamshaid Imam: haha very nice reply
.... Tareekh per tareekh tareekh per tareekh judge sahab :P
@The Legal Wizard.: Sir, speaking as an experienced criminal lawyer, you are no legal wizard!
This is a very fair and balanced editorial portraying the full picture of the crisis that has engulfed the country. With so much uncertainty for so long, the only victim of this political tug of war is Pakistan and its people. While these same judges could not prove one single case against PPP/Zardari despite keeping him in jail for 15 long years, they want the lowest court of a tiny country to try its sitting president. While the PCO judges reject the NRO but they are full beneficiary of it when reinstated by an NRO PM. Moreover, under NRO several thousand cases were dismissed including terrorism and multiple murders but the SC judges are only interested in one case. The more serious cases have not been pursued for reasons best known to them. In addition the SC goes on steroids on manufactured cases like Memo and giving stay order to Arsalan, and missing people in Baluchistan, there are no final verdicts of SC in any of these cases. They disappear with the speed at which they had appeared. When the Swiss courts have made it clear that they are not going to try a sitting president, what is the SC trying to achieve except the ego victory? The Swiss attorney general had also asked that if Pakistani courts are that much interested in trying Zardari why don’t they try themselves and do their primary job, and what has stopped our judges for so long? Outsourcing their moral and legal duties to Swiss court is scandalous at best and would not solve the real problems of Pakistani people. Who is going to invest in a country where there is no stable govt and it can be changed anytime on any excuse? After creating this hostile environment these same people malign the elected govt for not improving the plight of people!
@waqas sadiq: two, Benazir Bhutto or Zulfiqar Ali Bhutto :-)
The problem here is the supreme Court-which has now become the Court run by one corrupt so called "CHIEF JUSTICE" who no doubt is in the pocket's of the Shariff's AND WHOSE ULTIMATE MISSION is to bring the PMLN into POWER. AND PLAY GOD! The advice for ZARDARI and the PPP here would be to sub-peana the Chief Justice to answer his delays in other noteable cases-his son's sudden accumulation of $900mUSd wealth-and go down the route MUSHARRAF did by DISMISSING this CORRUPT JUDGE- As the PRESIDENT-you still hold that trump card..make use of it!. The actions of this Judge and his corrupt "co-horts" have made a joke of the Pakistani Judiciary- millions of noteable cases are in a stalemate-some stretching back to 10 year's under this Chief Justice-The recent MALIK RIAZ case-all gone cold-perhaps more clarity and deep rooted investigation on this case was appropriate-therefore if need arises MR ZARDARI-DISMISS THE LOT-EVEN IF IT REQUIRES AN EMERGENCY BEING IMPOSED INDEFINATELY-since this disease created by the opposition [PML[N] ] AND THESE CORRUPT JUDGES will NOT BE GOING AWAY -LIKE A CYCLE-YOU WILL LOSE ANOTHER OF YOUR PM ..SOON..and eventually lose your own freedom too. THEN WHAT??Either that or RESIGN GRACEFULLY and call for elections? I would rather not do the foolish mistake Musharraf did ..but fight to the END! MUSHARRAF started of quite well,but it was this Supreme Court Judge who brought his downfall -as he had lost his grip. The Shariff's should NOT BE IN PAKISTAN-since technically-they breached their 10 year contract of abstention from Pakistan which they signed with Musharraf-so where are your LEGAL WIZARDS MR ZARDARI-WHEN YOU NEED THEM?
dear conserns!
only one person can write letter to the swiss court in the party of ppp!How vague, awkward and dismal condition of PM,, He is moving in isolation between presidency and SC, like a Ping Pong, waiting who makes stronger and harder short on his back :-(