The ball is in Gilani's court

28 Sep, 2010

Seemingly, behind the scene efforts to save the 'system' have succeeded. The government's plea to the Supreme Court to adjourn hearing of NRO implementation case has been accepted - though only partially as the hearing did take place. The judges' observations during the hearing, on Monday, leave no one in doubt about the court's determination to ensure complete implementation of its verdict against the NRO.
And that they want not only a letter to be sent to the Swiss authorities to revive the money-laundering case against President Zardari but also reactivation of all such cases that were withdrawn or dropped in the wake of NRO, including the ones that were in other local and foreign courts.
But before this was to happen, Prime Minister Gilani was blowing hot and cold on the court's order to write to the Swiss authorities, his final position materialised just an hour or so before the court convened on Monday morning when the Attorney General informed media that the government would seek an adjournment. What happened during the night, history would reveal - though in Pakistan we are quite familiar with such dramatic U-turns that come from the womb of the dark night.
The system has survived - so far. Prime Minister Gilani's much touted fears that 'we all will swim or sink together' have been belied. The court seems to have conveyed its assurance that it's the beneficiaries of the NRO whose future is uncertain and not that of Prime Minister Gilani and other segments of the democratic setup. But by the end of the fortnight when the court takes up the NRO case the government is supposed to have done what it should in order to ensure full implementation of its verdict.
On the face of it, by then, that is October 13, the government is expected to have expelled all NRO tainted ministers from the federal and provincial cabinets, revived prosecution process against the NRO beneficiaries and taken up cases of money-laundering wherever the illegal monies are parked. By accepting the government plea for prior decision on its review petition against the landmark December 16, 2009 verdict against the NRO for which it has fixed the date for final hearing on that case before October 13, the court has effectively defused much of the hype generated by the media and other sections of civil society some of which had visualised Prime Minister Gilani losing his seat for his perceived contempt of court.
Since there was no discussion on the reasons underpinning the plea for adjournment it is not possible to conclude that Prime Minister Gilani's position has been vindicated. But he does, and should, get the message that as chief executive he should be committed to creating an ambience of rule of law in the country. If he fails to establish rule of law he would be forfeiting his right to be in power. So far, unfortunately, his words and working suggest that, willingly or unwillingly, he is part of a concerted plan to undermine independence of judiciary, even by maligning the superior judges. But the apex court, on the other hand, has demonstrated its intention to deliver justice which 'is not only done but is seen to have been done'. The ball is in Gilani's court. Of course, he has arrived at the fork: either to ensure the rule of law in the country or stand by the NRO-tainted politicians and thus precipitate a real danger to the democratic system. The choice is his and his alone.

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