Ever since the landmark judgment of December 16th, annulling the most unconstitutional NRO the jubilant nation has pinned still greater hopes on the Supreme Judiciary of the country. The Honourable Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry is being looked up to be the saviour of the nation and the deliverer of the poor which makes his task still more onerous. The judgment has come but it has yet to be implemented. Not only that, ways and means to hamper the implementation are already being mulled over behind the closed doors by all those having sleepless nights by the sudden disappearance of the huge shelter from over their heads provided by the NRO.
Though the ostensible stance of the affected is an otherwise respectful obedience to the apex court authority and acceptance of its verdict but in reality it is a very bitter pill for them to swallow. Encouraged by the non-implementation of an earlier verdict of the SC ordering sale of sugar at Rs. 40/= per kilo, some of the NRO-ed politicians, bureaucrats and businessmen are trying to put up a bold face in not showing the degree of concern warranted by the verdict. Though there is no appeal against the apex court yet, joint strategies are being thought out and planned to fight out the decision legally in the courts. The LHC has already been moved in one such case. Some of the statements emanating from the ruling quarters are not encouraging either. Many an analyst, therefore, apprehends a confrontation between the two most important pillars of the state – the executive and the judiciary – which, to say the least, would be catastrophic for the country.
The most eagerly awaited action by the entire nation is the return of the plundered and looted wealth from the corrupt, rich, mighty, influential bureaucrats and about 34 politicians—some of whom hold key positions in the present government. The total number of such beneficiaries is 8041, who are to be proceeded against in the NAB and other courts. The legal proceedings for such a large number of accused, and where the delaying tactics by them and their smart lawyers for prolonging the cases cannot be altogether ruled out, are bound to take quite some time. The proceedings, notwithstanding the Monitor ing Cell headed by Justice Ghulam Rabbani to oversee the prompt hearing of cases, may run into years and cost the national exchequer more than it could hope to recover from the looters. Again, how much influence would such Monitoring Cell wield over the foreign courts (Swiss, Spanish and the British) is any body’s guess. Would it, therefore, be not prudent to enter into a plea bargain with the accused to settle the matter expeditiously and costing much lesser in time, effort and money to the nation? However, it should be made absolutely clear to the accused that if the ‘plea bargain’ is not to the satisfaction of the court, normal court proceedings shall be instituted and if the accused is found guilty there shall be no mercy and an exemplary and very sever punishment shall be meted out to him. Choice is yours!!
There is yet another disconcerting note to this sorry episode – the SC verdict being tainted to be “based on morality”. The Human Rights Commission of Pakistan (HRCP) Chairperson Asma Jahangir said “The judiciary has crossed its limits and it is a dangerous precedent that the Supreme Court passed a verdict on the parliamentarians’ morality”. This has further abated the attitude of the ruling elite not to relinquish their seats and portfolios, as they were expected to do till they were cleared of the charges by the courts, and as is the norm in the democracies the world over.
As a matter of fact they would rathe r hold on to the power than denude themselves of it, to ‘fight out’ the cases against them using all their political and ministerial influence and power. An ordinary citizen Rehman Malik would not have been that exuberant and cheerful while attending the SHC for getting a bail when summoned by it. Incidentally, I hope he appeared before the court in his private capacity and not in the public capacity entitling him to all the perks and TA/DAs etc. The presidential immunity is seen by some for the President Zardari in seeking the second, third and who knows life long presidency term– just to keep himself out of the courts.
Such are the facts stranger than fiction that the Honourable Chief Justice of Pakistan is faced with and the nation expects of him to prove equal to the task. All eyes are on him.
Source - Pak Tribune
Though the ostensible stance of the affected is an otherwise respectful obedience to the apex court authority and acceptance of its verdict but in reality it is a very bitter pill for them to swallow. Encouraged by the non-implementation of an earlier verdict of the SC ordering sale of sugar at Rs. 40/= per kilo, some of the NRO-ed politicians, bureaucrats and businessmen are trying to put up a bold face in not showing the degree of concern warranted by the verdict. Though there is no appeal against the apex court yet, joint strategies are being thought out and planned to fight out the decision legally in the courts. The LHC has already been moved in one such case. Some of the statements emanating from the ruling quarters are not encouraging either. Many an analyst, therefore, apprehends a confrontation between the two most important pillars of the state – the executive and the judiciary – which, to say the least, would be catastrophic for the country.
The most eagerly awaited action by the entire nation is the return of the plundered and looted wealth from the corrupt, rich, mighty, influential bureaucrats and about 34 politicians—some of whom hold key positions in the present government. The total number of such beneficiaries is 8041, who are to be proceeded against in the NAB and other courts. The legal proceedings for such a large number of accused, and where the delaying tactics by them and their smart lawyers for prolonging the cases cannot be altogether ruled out, are bound to take quite some time. The proceedings, notwithstanding the Monitor ing Cell headed by Justice Ghulam Rabbani to oversee the prompt hearing of cases, may run into years and cost the national exchequer more than it could hope to recover from the looters. Again, how much influence would such Monitoring Cell wield over the foreign courts (Swiss, Spanish and the British) is any body’s guess. Would it, therefore, be not prudent to enter into a plea bargain with the accused to settle the matter expeditiously and costing much lesser in time, effort and money to the nation? However, it should be made absolutely clear to the accused that if the ‘plea bargain’ is not to the satisfaction of the court, normal court proceedings shall be instituted and if the accused is found guilty there shall be no mercy and an exemplary and very sever punishment shall be meted out to him. Choice is yours!!
There is yet another disconcerting note to this sorry episode – the SC verdict being tainted to be “based on morality”. The Human Rights Commission of Pakistan (HRCP) Chairperson Asma Jahangir said “The judiciary has crossed its limits and it is a dangerous precedent that the Supreme Court passed a verdict on the parliamentarians’ morality”. This has further abated the attitude of the ruling elite not to relinquish their seats and portfolios, as they were expected to do till they were cleared of the charges by the courts, and as is the norm in the democracies the world over.
As a matter of fact they would rathe r hold on to the power than denude themselves of it, to ‘fight out’ the cases against them using all their political and ministerial influence and power. An ordinary citizen Rehman Malik would not have been that exuberant and cheerful while attending the SHC for getting a bail when summoned by it. Incidentally, I hope he appeared before the court in his private capacity and not in the public capacity entitling him to all the perks and TA/DAs etc. The presidential immunity is seen by some for the President Zardari in seeking the second, third and who knows life long presidency term– just to keep himself out of the courts.
Such are the facts stranger than fiction that the Honourable Chief Justice of Pakistan is faced with and the nation expects of him to prove equal to the task. All eyes are on him.
Source - Pak Tribune
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