Thumbs up for Supreme Court of Pakistan

On Friday 9th February 2012, Chief Justice of Pakistan Iftikhar Muhamamd Chauhdry heading a larger bench on 8 judges dismissed the appeal filed by Prime Minister challenging SC orders about indicting him in contempt of court. SC had earlier ordered that PM Syed Yousuf Raza Gillani must appear in person on 13th instant before SC to face the contempt of court which has been labeled against him. PM engaged one of the top most if not the top most lawyer of the country named Aitzaz Ahsan (my law teacher) to plead his case before SC who filed a quite lengthy appeal consisting of approximately 200 pages wherein he in defense of his client quoted many contempt of court notices issued in various countries.

It was believed in some circles that the government has very specifically chosen Aitzaz to represent PM not just because of his prominence in practicing law but because he had been one of the foremost runners in the struggle for restoration of senior judiciary which eventually reinstated CJP Iftikhar Mohammad Chauhdry as well. There was a hidden message from Aitzaz saying that SC must not ignore and instead give some weight age to the arguments he has advanced in favor of PM simply because he is the same person who could mobilize all the lawyers from each and every corner of the country for restoration of higher judiciary. This was an unprecedented move in Pakistan and none can forget the efforts and pains taken by Aitzaz in this struggle but it does not mean that he should be awarded indirectly through such like move. Law is law which is blind to the fact whether someone has put in some efforts or not. The two issues cannot be intermingled alike. Moreover, Aitzaz has also mentioned in his appeal that PM Gilani had restored CJP Iftikhar even before being inducted as PM but this has no reference to equity of law. Technically speaking, PM’s such announcement about restoration of judges had no legal authority except some moral value for the simple reason that unless and until PM had been officially inducted as PM, how could his instructions can be construed to be  official instructions. Secondly it is regretted that PM too tried to get an extra favor from SC like Aitzaz.

Frankly speaking, the very basic principle of decency exercised internationally obliges not only our honorable PM but others also that they must always behave in the most civilized manner devoid of any breach whatsoever to eliminate the very possibility of any contempt notice. Isn’t it very simple to understand and realize that one’s honor is certainly dented as and when any contempt of court notice is issued so from that point of view our PM has already lowered himself by behaving in a manner that SC had to issue contempt notice to him? Isn’t it very deplorable that PM who is none but head of the government should not have been so irresponsible that SC may issue contempt issue but alas he did behave otherwise which could not be pocketed by SC anymore and instead it had to take its cognizance. What prompted PM to work in such an irresponsible manner? How many laurels, if any, did PM earn by imputing himself so publicly not only before Supreme Court or before the whole nation but the world at large since international media has flashed the news quite prominently on all tv networks and chain of newspapers.

Why it did happen alike in the 1st instance could be very interesting question? As a matter of fact it is the President Asif Ali Zardari who had to face the brunt but practically speaking the Prime Minister Syed Yousuf Raza Gillani being head of the government stood up in favor of his boss and hence President is as free as before and instead PM is facing the axe. About two years before largest bench of Supreme Court consisting of seventeen judges has annulled National Reconciliation Order (NRO) passed by previous President Gen Pervez Musharraf whereby all those people who looted our national exchequer had been asked to return the loot but ironically not much has been done so far in this regard which certainly is not liked by SC in any case. President Zardari is one the person who amassed the biggest chunk of amount which is deposited in Swiss banks and as per SC the black money must be brought back to Pakistan but how. Pakistan government has not written to Swiss authorities about Zardari which is not only very much objectionable but much regretted too. What stops PM to write to Swiss authorities against Zardari?

Chief Justice Iftikhar yesterday just out of courtesy and not compulsion even went to the extent saying that if Prime Minister of Pakistan writes a letter to Swiss authorities about the money so plundered by Zardari then SC will withdraw contempt of court case against PM but PM insists that President enjoys immunity so no letter can be written to Switzerland against President whatsoever which is very much deplorable to be honest. Leaving apart whether President enjoys immunity or not, it is proved beyond any shadow of doubt that Zardari has looted money which as such prompted SC asking the government to take it up with Swiss authorities otherwise why and how SC asked to initiate against Zardari and not Bari for that matter. If Zardari had any morality he had not looted the money in the 1st instance but regretfully he instead of feeling any guilt and remorse is claiming that he enjoys immunity which is fully supported by PM and the truth is that it is really very much awful even to read about the loot what to talk of not only covering it up but legalizing too behind the screen of immunity.

Supreme Court to my understanding has given a loud message that it will not bulge any further to compromise on principles even to a fraction of an inch from its instance and resultantly PM Yousuf Raza Gillani is not only likely to lose his job with imprisonment or without but also SC will ask the new premier to write to Swiss authorities in order to bring back millions of dollars so plundered by Zardari. Each and every citizen of Pakistan whether living in Pakistan or overseas like me is very anxiously waiting to hear what fate is decided for PM when he appears before SC on Monday 13th February, 2012. Long live Chief Justice Iftikhar you have rightly raised our heads before international community.
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Iqbal Hadi Zaidi / Kuwait /