The Lies and Legacy of Zardari & Gilani – Pakistan Supreme Court’s Decision

The Lies and Legacy of Zardari & Gilani – Pakistan Supreme Court’s Decision

It is the general belief amongst the people of Pakistan that Asif Ali Zardari is a corrupt politician whose rise to Presidential power has witnessed the ascent of corruption to new heights. Long after he is swept from power people will remember him as the worst thing that happened to Pakistan, his administration will forever be marked in history as the most corrupt, the most inept, the most uncaring and the one that destroyed Pakistan’s infrastructure and plunged Pakistan into the dark ages with black outs closing factories.

Having experienced the arrogance and vagaries of military dictatorships; Pakistanis tolerated this democratically elected government while praying for a constitutional end to its chicanery. The Supreme Court’s decision rendered today, January 10, 2012, by Justice Asif Saeed Khan Khosa, is an answer to these prayers.

It is a thoughtful, well written decision, worthy of the best decisions rendered by the Supreme Court of any land. Justice Khosa reaches back to the “sage Aristotle: When laws do not rule, there is no Constitution”, articulates Justice Brandeis of the US Supreme Court: In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously..If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy”, seeks inspiration from the Quran and finds the Prime Minister and the President disobeying the Court and lying to the people of Pakistan.

The court starts with a finding that the National Accountability Bureau failed to proceed against criminals appointed to posts by the Government “despite clear directions issued..by. (the) court” and finds the conduct “..to be utterly unsatisfactory.. an attempt ..to screen, shield and protect” criminals. This conduct showed a “…contemptuous disregard of..” the Courts and reflected an attitude “..we find to be contumacious, to say the least.”

Justice Khosa points out that in the Mobashir case the Court had issued clear and specific directions to the Federal Government but in the two years that had elapsed since that decision, the Government had delayed implementation under “one pretext or the other”. While the Court “demonstrated a lot of patience and restraint” and provided ample opportunity to implement the court order, it appeared that the Government “consciously decided to defy and disobey this Court.” This left the court with “.. no other option but to, as warned in categorical terms on the last date of hearing, take appropriate actions in order to uphold and maintain the dignity of this Court and to salvage and restore the delicately poised constitutional balance in accord with the norms of constitutional democracy.”

Justice Khosa declares that the Prime Minister of Pakistan and the President of Pakistan have failed to abide by their oath of office as prescribed in the Constitution of Pakistan and relies on the verses of the Quran to impress the sanctity of oaths and to warn them of the wrath of God:

“And take not your oaths, to practice deception between yourselves, with the result that somebody’s foot may slip after it was firmly planted, and ye may have to taste the evil consequences of having hindered men from the path of Allah, and a mighty wrath descend on you." (S. XVI: 94)

It was clear to the court that the Prime Minister and the President made “a political decision not to obey some part of the judgment handed down by this Court” and that their “loyalty to a political party” outweighs their loyalty to the State and their “inviolable obligation” to obey the Constitution and all its commands. “We may unhesitatingly observe that in our country governed by a Constitution political loyalty cannot be accepted as stronger than loyalty to the State and dictates of a political master or party cannot be allowed to be put up as a defense to failure to obey the Constitution.”

While the decision lays out the rationale that the Court, comprising of five Justices, expects to use to render its ultimate judgment, it has forwarded options to the Chief Justice of Pakistan, Chief Justice Iftikhar Chaudry, and asked that the final decision be rendered by the full bench of the Supreme Court, comprising of 15 Justices. The Options are:

1. In accordance with clause (f) of Article 62(1) of the Constitution, the Court may find that the Prime Minister was not qualified to be a member of Parliament because he is not “sagacious, righteous, non-profligate, honest and amen”. The court could make a finding in view of the “apparent persistent, obstinate and contumacious resistance, failure or refusal of the Chief Executive of the Federation to completely obey, carry out or execute the directions issued by this Court .. that he may not be an “honest” person on account of his not being honest to the oath of his office and seemingly he may not be an “ameen” due to his persistent betrayal of the trust reposed in him as a person”.

2. Initiate proceedings against the Chief Executive, the Federal Minister for Law, Justice and Human Rights Division and the Federal Secretary Law, Justice and Human Rights Division for committing contempt of Court for “persistently, obstinately and contumaciously resisting, failing or refusing to implement or execute in full the directions issued by this Court in its judgment”.

3. Appoint a Commission to execute the relevant parts of the judgment passed and directions issued in the case of Dr. Mobashir Hassan.

4. Proceed against the Chairman, National Accountability Bureau for failure to follow the Court’s directions.

5. If it appears that the Government will defy the Court than, to avoid a direct confrontation that may destroy the country, let the people decide what should be done.

In three and half short years the economic engine that was Pakistan has come to a grinding halt as Zardari and his cohorts declared open season on Pakistan and looted its wealth. While corruption is nothing new in Pakistan and in most developing countries, corruption that paralyzes and entire nation (and prevents economic development at a time when countries in similar situation are becoming the envy of the world) has the same effect as the hordes of Chengez Khan and his Mongol successors that ravaged and plundered the world killing, by some estimates, 40 million people.

For Zardari, what anyone may think has never mattered. He has shown his mastery of the art of politicking by cajoling, conniving, committing and coming up with creative solutions that have kept him in power and made mere bystanders of the seasoned career politicians of Pakistan. Zardari has a keen sense of understanding as to what he needs to do to get his way and how far he can push his agenda. In fact it may not be too far off the mark to say that he actually relishes and enjoys the rush of being at the precipice in dealing with opponents and issues.

If Zardari was indeed looking for another rush, then the Supreme Court findings and decision handed down today provide him with a volcanic eruption of adrenalin. It is now up to the full bench of the Supreme Court of Pakistan to ensure that it does not step back from the decision rendered today so that the rule of law may finally prevail in Pakistan.

It is said that every cloud has a silver lining. For Pakistan, Zardari’s disregard for law and the Courts has provided an opportunity for Pakistan’s Court to build a Supreme Monument to the Supremacy of Law and Justice. While Zardari will be remembered for heading Pakistan’s worst government, it may also be said that but for Zardari’s unscrupulousness, Pakistan may never have received the gift of a Supreme Monument.