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This is an archive article published on January 14, 2012
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Opinion Court’s options

A register of reports and views from the Pakistan press

January 14, 2012 03:11 AM IST First published on: Jan 14, 2012 at 03:11 AM IST

Court’s options

Pakistan has had a tense and dramatic week — with the escalating confrontation between the military and civilian leadership,many observers expected another coup by the army chief,Gen. Ashfaq Kayani. The Memogate scandal and the ongoing National Reconciliation Ordinance (NRO) case before Pakistan’s Supreme Court converged to create political instability. The NRO case is due for another hearing on January 16 by a larger bench of the Supreme Court,while the developments in the Memogate case riled General Kayani and his associates,when Prime Minister Yousuf Raza Gilani sacked the defence secretary for not having consulted the defence ministry before appearing in the court for the case. The next hearing of Memogate is scheduled for January 17.

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The NRO,issued by General Pervez Musharraf in 2007,granted amnesty to many powerful people accused of corruption. In 2009,the Supreme Court declare it unconstitutional and ordered the government to begin investigative and punitive action against the accused.

The Express Tribune reported on January 10: “In a sternly-worded order against non-implementation of its verdict in the National Reconciliation Ordinance (NRO) case,the Supreme Court… warned the president and the prime minister of a possible disqualification… ‘Obedience to the command of a court,and that too of the apex court of the country,is not a game of chess or a game of hide-and-seek,’ the bench stated. It said the executive had been delaying the implementation of the NRO verdict for over two years now and that the court,on the other hand,kept exercising restraint and showed magnanimity.” The court went to the extent of saying that the prime minister didn’t appear to be an honest man,evident from his defiance in implementing the NRO verdict.

The five member bench hearing the case offered the attorney general of Pakistan six options,asking the PPP-led government to choose which one the court should take. The options,listed by Dateline Islamabad,a new Islamabad-based newspaper,in a report titled ‘SC rolls out the dice’are: “to initiate contempt of court proceedings against the chief executive and secretary,law,for not implementing the NRO verdict; to declare the chief executive ineligible for membership of parliament for five years; contempt proceedings against chairman National Accountability Bureau may be initiated; the actions may be taken against president for violating the constitution; the court may form a commission to get the verdict implemented; the people themselves decide on the issue and the court exhibit patience.

Defence offence

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After the defence secretary,Naeem Lodhi,was fired,a strongly-worded statement was released by the army’s publicity wing,reported Dawn on January 11: “There can be no allegation more serious than what the honourable prime minister has levelled against the COAS and DG ISI… (The PM) has unfortunately charged the officers for violation of the Constitution of the country.” Another report in Dawn added: “The army earlier said the defence ministry had failed to process its submissions made to a Supreme Court inquiry into a controversial unsigned memo that sought US help in curbing the power of the military. That failure triggered a row between the country’s military and civilian leadership,with the prime minister earlier in the week telling Chinese media the army top brass had acted unlawfully in failing to consult it. Moreover,Lodhi was regarded as having more power than the defence minister because of his direct ties to the army high command.” Gilani had given an interview to China’s People’s Daily in which he had expressed his discontent over not being consulted over the statements of the army chief and DG ISI,presented before the court by Lodhi.

Zardari’s calm

Amidst this high-octane drama,the PPP-leadership is lying low. President Asif Zardari’s scheduled one-day visit to Dubai triggered a flutter but his spokesman,Farhatullah Babar silenced all by saying Zardari had gone to attend a wedding in Dubai. Dawn reported on January 13: “Asked whether Zardari was concerned,Babar said,‘Absolutely not. Why should he be’?” Zardari is now back in Pakistan.

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