There is an element of inevitability to the ongoing tussle between the parliament-backed executive and the judiciary - in that the Supreme Court cannot spare Raja Pervez Ashraf after punishing Yousuf Raza Gilani while the PPP leadership remains resolute in its decision on the court's order for writing letter to the Swiss authorities to reopen money-laundering case involving President Zardari. Without exception the legal fraternity including retired and serving judges is of unanimous opinion that the incumbent prime minister has no option but to write the letter, for the case law set in print by the apex court in the Gilani case brooks no ifs and buts. But the executive and the parliamentary coalition is equally adamant and maintains that writing such letter would tantamount to violating the constitution. Such is the intensity of this narrative that refusal by the prime minister to appear in person before the court on next hearing, on August 27, cannot be ruled out. Will the court take it as the final position taken by the accused or give him another chance nothing can be said. But the fact remains that the situation is inexorably moving to a point of no return. And, as President Zardari said recently, in case Raja goes home another 'jiyala' would be in place for 'martyrdom'. On the face of it, the state of denial on the part of the PPP-led government is expected to last till the next general election - whenever it is held. But to a discerning mind what we see today is not exactly the déjà vu of what happened in case of Gilani. He went home almost quietly as the parliament took it rather lightly as a fait accompli. And without wasting much of time, the PPP-led ruling coalition filled the vacancy by giving the mantle to Raja Ashraf. However, between now and then ground realities seem to have undergone a critical metamorphosis. The parliament appears to be standing behind the new prime minister with increased resolve as it hurriedly passed a new contempt of court law (later struck down by the Supreme Court), with active support of all the coalition partners; they have conveyed in unmistakable indication that they are on board with the PPP. In fact, the fissures caused by the executive-judiciary stand-off tend to increasingly divide even the legal fraternity and civil society. The argument that the apex court is very much on track by issuing the show-cause notice to the prime minister is being countered by the argument that with existential threats visiting the country 'let heavens fall justice will be done' approach is too risky under the present circumstances. As a people we have arrived at the fork in our journey to a stable and prosperous Pakistan, almost drained of the much-needed will and vision to find the way forward. The government's legal arsenal is not yet exhausted and it has the required capacity to carry on fighting the apex court and the court has enough of law on its side to remain stuck to its position - a stalemate that no more sits well with the people caught as they are in the vortex of basic issues of physical existence. How to cope with the dilemma; we certainly need an out-of-the-box solution. Rightly then one such solution, which draws inspiration and legality from the court's own judgement, has been proposed by the president of the Supreme Court Association, Yasin Azad. Of course, the SCBA supports the court's decision to issue a show-cause notice to Raja Pervez Asharf, which amply proves its credentials as representative of lawyers' community and reflects its legal position. But, in his speech at Quetta on Wednesday, he also pleaded for the 'middle path upholding the dignity of the judiciary as well as that of parliament' to end this dangerous impasse. Sending the letter to Swiss authorities through a commission formed by the apex court or holding a general election would help bring the confrontation to a possible close, he said. Both these options have already been indicated by the court. Exercising its usual policy of judicial restraint by fixing the next hearing after two weeks away the court has offered an opportunity to help find a mutually acceptable solution. We hope the government will also respond positively, as there appears to be no other feasible option on the table.
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