‘Contempt’ on the horizon

EDITORIAL:DAILY TIMES

Prime Minister Yousaf Raza Gilani has again been summoned to the Supreme Court (SC) to face contempt of court charges. The seven-member bench hearing the case said: “After the preliminary hearing, we are satisfied that prima facie there is enough case for further proceeding. The case is adjourned until February 13 for framing charges and the prime minister is required to be present on the next date.” When the premier’s counsel, Barrister Aitzaz Ahsan, tried to present his case, on the face of it the bench lost patience and did not even accord Mr Ahsan an opportunity to argue his point of view adequately. This goes against the spirit of justice and by the looks of it, the standoff between the executive and the judiciary is going to get even more serious. The prime minister earlier appeared before the court on January 19 and was even lauded by the superior judiciary for respecting the rule of law. Prime Minister Gilani said he is ready to appear before the apex court once again. While it is good to see Mr Gilani’s consistency in respecting the court’s wishes, summoning the prime minister has many implications, both judicial and political.

Legally, there are three options before the prime minister. One, he can offer an unconditional apology and then write a letter to the Swiss authorities against President Zardari as per the SC’s instructions. Two, he can contest the charges, as is being hinted, but the implications of such a course can be serious. The court has the power to sentence him right there and then. The sentence could be symbolic, in which case he will be under arrest within the court’s premises until the rising of the court, or real, in which case he could be jailed for upto six months. Three, there could be an intra-court appeal against the decision of the seven-member bench. The chief justice will have to constitute a new bench to hear the appeal. Even though the prime minister says he had no intention of committing contempt, writing a letter against his party’s co-chairman and the country’s president does not seem likely if the government’s statements can be relied upon. The implications of the prime minister being sentenced are grave. Some experts believe that the moment he is convicted for contempt, he stands disqualified to be a member of the National Assembly and therefore prime minister. The other view is that even if Mr Gilani is indeed convicted, the Speaker of the National Assembly has to write to the Election Commission of Pakistan (ECP). The ECP will then decide whether to disqualify him or not. Even if he is disqualified, the Pakistan People’s Party (PPP) can nominate someone else as the new premier. Those wishing for a delay in the upcoming Senate elections will certainly be disappointed. It would also give the PPP a chance to play the victim card in the next general elections.

Right now what is needed is cool heads and not rising temperatures. If Prime Minister Gilani is convicted of contempt, it will not be a good precedent. The requirement of the time is political stability in the country to the extent humanly possible. Rather than destabilising the democratic system, it needs to be consolidated and strengthened.