Showing the red rag

Gilani cabinet's most powerful member, Interior Minister Rehman Malik, had his conviction, in absentia, confirmed by a special bench of the Lahore High Court on Monday. He had absconded following two NAB references against him in 1994, but was sentenced in absentia in both cases by the Accountability Court Rawalpindi. On return to the country, following the restoration of the democratic order, he appealed against his sentences.
Relying on exemption, he thought he had won under the National Reconciliation Ordinance. But the court rejected his argument observing that the 'conviction in absentia was a final order, therefore, only a judicial forum could declare it void by admitting an appeal'. Rehman Malik could seek the protection of the court if he had surrendered before it, observed one of the judges on the bench.
The court also ordered his arrest since the "arrest warrants issued against him by the NAB court are still in the field". But that was not to be. Within a few hours, President Zardari, in exercise of his discretionary powers under Article 45 of the Constitution, granted pardon to Rehman Malik. The president had acted on the 'advice of the prime minister', said his spokesman, Farhatullah Babar. However, an official word on this from the Prime Minister House was awaited till late on Monday night.
That is the long and short of getting the apex court's annulment of the NRO implemented, as if the ongoing case, on the subject, before the Supreme Court was not enough an evidence of the stand-off between the executive and the judiciary. Of course there is a grey area as to the legal status of an ex-convict in politics.
Does such a person lose, for life, his right to enter politics, probably not - under Article 63, as amended by the 18th Amendment, disqualification for membership to parliament lasts 'unless a period of five years has elapsed since his release'. But it remains a moot point if the sentence in absentia falls in the category of various offences mentioned in the said Article, or is this exemption available to Rehman Malik, who did not serve his sentences.
Given the times we live in, no wonder he was not apprehended when the court announced the dismissal of his appeal, and since then, with a short spell of uncertainty about his legal status intervening, he enjoys the presidential pardon and is a free man. But can he be a member of the Gilani cabinet, many would say no.
Most disturbing is the hurried timeline that was worked out to accord presidential pardon to Rehman Malik, something on the pattern of how hundreds of hardened criminals, undergoing imprisonment were given remissions only to justify early release of a confirmed crony. Admitted, the executive gives out the impression that it is not getting even-handed treatment from the higher judiciary.
The impression also obtains in some quarters that how is it that only the PPP leaders are hunted and hounded, while many others are not angels either. Unfortunately, even when the higher courts appear to be acting more independently and enjoy the trust of the general public, an impression has been forming that there a kind of vendetta and a tit-for-tat game being played out between the state's two most important pillars.
Where would it lead to, we don't know for certain, but one may dare suggest that such a confrontation is neither good for the institutions nor for the democratic order in Pakistan. There is an eerie feeling, as if a kind of an Armageddon between the institutions is in the making.
We would very much like to share Prime Minister Gilani's optimism that there would be no clash between the institutions, but we are also sensitive to his fears that should it happen, nothing would be left. Let him come forward and inject an element of sanity to defuse the tension by asking his interior minister to take leave and in the meanwhile, go in appeal for judicial review instead of showing the red rag to public conscience.
In the wake of the 18th Amendment, he carries the cross to make sure the institutions work in harmony with each other. His inaction would create a power vacuum, and should that happen, it is the Persians' distilled wisdom: 'Khana-e-khali ra dev migirad'.