The Supreme Court rejected Prime Minister Gilani's appeal to withdraw contempt notice, bringing him one step closer to conviction on the charge of refusing to approach foreign governments to reopen money laundering cases against President Zardari. There is a red line drawn by the president, who says writing the letter to Swiss authorities would amount to trying the grave of Benazir Bhutto. No PPP leader, much less Gilani would do so, and that is the albatross he carries around his neck. The apex court, as earlier, on Friday again asked Gilani's counsel Aitzaz Ahsan to successfully persuade his client of the need to write the letter.
But Aitzaz expressed his inability, arguing he was in court to appeal the contempt case and has no brief on the issue of the president's immunity - which is bound to come up before the court if such plea is made. There is hardly any doubt about the fact that even towards the end of the proceedings Chief Justice Iftikhar Mohammad Chaudhry asked the counsel to apprise the prime minister of the consequences of his defiance and that it is a measure of restraint the apex court has thus far shown. As to how the prime minister would plead his case today when he is under the court's order to be personally present and reason out why he should not be punished for the court's contempt there is not much to speculate; he is expected to persevere in his die-hard stance. Immortality is the slogan of his party and he would not like to be branded a traitor by offering to 'try the grave of Benazir Bhutto'. For the PPP, that draws strength from its democratic credentials established as these are by its heroic struggle against absolute rulers and many sacrifices, persistent refusal to implement the Supreme Court's orders - not alone on the NRO case but also in quite a few others - is indeed puzzling. Its leadership needs to realize that democracy and rule of law go hand in hand. By undermining the writ of the judiciary the party would be hurting its own cause. In the eye of an average Pakistani by exercising restraint and patience the apex court has walked an extra mile to save the system. But the government appears hell-bent in creating conditions that if allowed to go the way it wants would breed instability and promote anarchy. That Aitzaz stayed clear of the presidential immunity issue he has, vicariously, brought it under the limelight. Who doesn't know that the main issue is not the court contempt but the prime minister's refusal to write a letter to the Swiss authorities? Obviously by skirting round the immunity issue he was trying to put this on the back burner. Will it work? We would know sooner rather than later. There is enough of law which can help the apex court to ensure implementation of its orders. The long arm of law finally catches up with its offenders. How things would turn up in the court today there is no great ambiguity, Prime Minister Gilani would most likely plead not guilty to the charge of court contempt. Should he apologize leaving him at the mercy of the court he would be declared innocent and asked to take the next step, that's writing the letter. In case he takes the position that he was 'misguided' by his minions the court would be reluctant to buy his stance given that his defiance is well-established and all arguments in support of indefensible position already stand exhausted. Charged with the contempt of court offence the prime minister would have the right of appeal, but that hasn't much of hope for succeeding because the ongoing proceeding is the follow-up of the 17- member full court verdict on the NRO, and as the chief justice has said repeatedly, there is no escape from its implementation. Copyright Business Recorder, 2012
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