Monday, April 30, 2012

Unruliness of the Irrational Rulers


Not only the scared and politically unaware voters but the absent electors too helped the corrupt/inefficient candidates become legislators who then elected/produced wrong rulers.
Consequently, Pakistan continues to suffer from political quagmire as the ruling elite fails to realise the seriousness of defying the judiciary, breach of law and misinterpreting the constitution openly by asserting with full confidence that no prime minister would ever write letter to the Swiss authorities against the President.

Recently, the contempt of court case was concluded and the accused prime minster/chief executive of the federation of Pakistan is a convict now.

The criminal prime minister was sentenced briefly for a few seconds for contempt of court under Article 204(2) of the Constitution of the Islamic Republic of Pakistan, 1973 read with Section 3 of the Contempt of Court Ordinance (Ordinance V of 2003) for the willful flouting, disregard and disobedience of the court’s direction contained in paragraph number 178 of the judgment delivered in the case of Dr. Mubashar Hasan vs the federation of Pakistan.

Clearly, the contemptuous attitude of PM Gilani has been substantially detrimental to the administration of justice for bringing the honourable judiciary into ridicule indeed.
Also, there are some serious consequences in term of Article 63 (1) (g) of the 1973 Constitution which may be read as mitigating factors towards the sentence passed against the prime minister.
The Order from the court does not, however, directly disqualify the Prime Minister as according the judgment, the conviction for contempt of court is likely to entail some serious consequences in terms of the said Article as it allows for the disqualification of any Member of Parliament who has been “convicted by a court for propagating any opinion or acting in any way that brings into ridicule the judiciary or Armed Forces of Pakistan.” But the Court used the language “likely to entail” because the right to terminate parliamentarians’ tenure is constitutionally vested in the Speaker of the National Assembly and the Election Commission. Thus, the outstanding issue remains whether Mr Gilani could have been automatically disqualified from holding public office.

Under Article 63 (2), once the Speaker has received notice of a parliamentarian’s conviction, he/she may forward the issue to the Election Commission within 30 days which must make a decision within 90 days. Therefore, the process to disqualify the prime minister has only just begun. It’s a long way to go as it offers a time consuming prescription. The Zardari's PPP is thankful to Aitzaz Ahsan for using delaying tactics to cause a judicial fatigue.

Punishing PM Gilani under Section 5 of the Contempt of Court Ordinance 2003 with symbolic imprisonment inside the courtroom #4 till the rising of the court was short lived. The honourable bench rose after announcing judgment -- but without effectively fixing the stubborn PM Gilani who wilfully ridiculed the top judiciary’s decision (with regard to writing a letter to the Swiss government for reopening of corruption cases against President Asif Zardari). Some legal experts, however, argue strongly that the PM stands removed from office.

The wording of  "short order" clearly indicates that the matter of prime minister’s ultimate disqualification has been thrown in the parliamentary procedural tangle. Would the said conviction bring us any closer to the implementation of the original NRO order of the full bench? The answer is negative. And, the environment of uncertainty spawned by this display of ‘judicial restraint’ is likely to cause further deterioration of governance and the economy.

More political turmoil is fast approaching, as "Zardari regime" has no interest in following the law or obeying court orders. In fact, PM Yousuf Raza Gilani is devoid of any moral authority to rule the country no matter what technicalities his legal experts may manufacture.
Nevertheless, the prime minister appears to have been dealt with a severe blow because of his conviction. But the letter he was supposed to write remains unwritten. Definitely, the unruly rulers are fully determined to ignore the court with respect to writing to the Swiss authorities claiming that it would amount to putting BB's grave on trial.

By defying the orders of the Supreme Court over and over again, Mr. Gilani not only demonstrated that he has no respect for rule of law but also made it clear that his loyalty to Zardari goes far beyond the oath that he took as prime minister. In actuality, the criminals help each other.
Since the rogues are united to keep the president off the hook, Pakistan can’t get out of clutches of the certified political vultures.
Though, it appears with clarity from the short order of the seven-member bench of the Supreme Court in the contempt of court case that the prime minister has lost the moral and legal right to hold the post but the wording of the ruling — especially the mention of Article 63(1) (g) referring to the disqualification of the prime minister — is highly confusing and vague.

Until and unless hypocritical coddling is dealt with severely, the corrupt minds would continue to carry on with their dirty political schema. Therefore, Mr. Gilani must step down immediately to allow the justice to prevail in the best interest of Pakistan. Also, there is no justification left for him to stay in office any longer because he is now a heavy load on the national exchequer as well.
Most importantly, a number of inconsistencies/contradictions including the non sense of presidential immunity clause in the constitution of Islamic Republic of Pakistan need an urgent fix to accommodate the Islamic law and jurisprudence in entirety for better governance to ensure blind justice for all in the troubled country.

36 comments:

Crystal said...

Tariq, it's been so long.. I was beginning to worry but I'm so glad to see you back on blogger and keeping us all informed of the harsh realities Pakistan is facing. It seems as if he really needs to step down. Pakistan deserves a good strong leader capable of putting their own selfish needs aside and do what is best for the people of Pakistan. This is such a shame that this is even happening.

Windsmoke. said...

Now that Mr Gilani has been convicted of a crime he must do the right thing and resign as soon as possible as it is obvious he is not fit to lead the Pakistani people in a proper manner :-).

Pari said...

The PPP PM behaves immature. Political maturity involves principled line of action.
Democracy demands the office holder to step down upon accusation alone so that legal proceedings can go uninfluenced.
Gilani knows nothing except siding with the worst evil.

Anonymous said...

Multani peer sain ko ab chalay jana peray gaa

Thinking said...

hmm....whatever they try...they are trying hard to get rid of this Government....but...alas...hmm...

TARIQ MIAN said...

Crystal, you have well said about the situation and thank you for coming over to my blog. So nice of you.

TARIQ MIAN said...

Hello Windsmoke, thanks for your valuable opinion from Australia for the People of Pakistan.

TARIQ MIAN said...

Pari,
Yes in other countries, as soon as some public office holder gets accused/charged--he or she steps down right away for a fair trial but in Pakistan both top men are glued to their seats.

TARIQ MIAN said...

@anonymous
Pir sain ko elect kerna hee ghalati hai

TARIQ MIAN said...

Thinking,
I feel honoured to have you back to my blog after so long.
Thank you and stay around please.
I always need your valuable criticism.

Anonymous said...

Gilani is the man who is running the country well. He will complete his tenure by the grace of God

Thinking said...

hmm...Tariq Mian Sahib...

Please don't say that...I am honored actually to have you on my blog...and sorry I can't comment wisely on your blog since I am not at a politics...interested person...

But I do read all your post without delay...

Keep posting...Regards.

Anonymous said...
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Anonymous said...

Anonymous said...
According to Iftikar Gilani and Iqbal Haider both of them ex Attorney generals under Prime Minister Benazir, the current prime minister should immediately step down because he has already been sentenced.
The conviction is depedant upon the framed charges (criminal case and not civil case).
Civil case involves issues and not charges.

akram said...

phool ki patti say cut sakta hai insaaf ka jiger.
Mr Gilani kitna happy hai mashaALLAH

Anonymous said...

alif baba ko hatanaa bohut zaroori hai --nahi tou pakistan finish ho jai gaa===Allah naa keray

ZARA said...

Improved governance system, provision of security to national and foreign investors, and corruption eradication from top to grass root level are needed in Pakistan.

TARIQ MIAN said...

ZARA,
Though, it's your wishful thinking, yet you are one hundred percent right.

Palomasea said...

Indeed, Pakistan deserves a strong, honest leader, Tariq.
Thank you for always providing such in depth information and analysis.

I am sure you were a picture of grace at the airport! :)
Thanks so much for your visit...
Have a great weekend,
- Irina

Dave King said...

This goes some way towards giving a better understanding of what I've been hearing and reading. Thanks.

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paki said...
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Syed Ali Hamid said...

A strong judiciary is a must for a vibrant democracy. I hope that good sense will finally prevail and a liberal, secular democracy will be established in Pakistan as this would also help reduce tension between India and Pakistan.

TARIQ MIAN said...
This comment has been removed by the author.
TARIQ MIAN said...

Thanks Syed Ali Hamid,
A real democracy is absolutely the free will of citizens where no pressure tactics whatsoever are employed.
Most importantly, all voting people must be educated enough to know their right of choice. In other words there must be political awareness.

Yes strong Judiciary is a must for the protection of constitution and rule of law so that justice remains blind for all regardless of immunity.

Thank again professor sb for your valuable comment.

Muhammad Israr said...

well, all your talk is right but you know what? these same politicians will be elected in the next election by the same awaam... we never learn...awaam has such a short memory...they will forget that PML(N) was also governing the 60% pakistan, but they will only remember the long march and the resignations of the members in the last month of their tenure... :(

TARIQ MIAN said...

Israr, yeh hee tou almia hai--Pakistani awaam would never learn unless there is political arousal among them.
I appreciate your comments.

TARIQ MIAN said...

Irina,
Very nice of you to give your enlightening opinion.

TARIQ MIAN said...

Dave King --you understood my point --thank you sir.

Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

Ishq Qatil Se Bhee, Maqtool Se hamdardi Bhee.

Ye Bataa Kis Se Muhabbat Ki Jaza Mangey Ga?

Sajda KHALIQ Ko Bhee, Iblees Se Yaraana Bhee

Hashar Mein Kis Se Aqidat Ka Sila Mangey Gaa?

Anonymous said...

Husne e Kirdar Say Noor e Mujasim Hoja---Ke Iblees Bhee Tujhey Dekhay Tou Musalmaan Ho jaaey (Iqbal)

Pari said...

GILANI MULTANI HAS BEEN CONVICTED SYMBOLICALLY; HE MUST RESIGN AND LET THE JUSTICE REMAIN BLIND.
NO IMMUNITY FOR ANY CRIMINAL AND THE LETTER MUST BE WRITTEN TO BRING BACK THE LOOT.
BUT THE IDIOT IS IN THE COMPANY OF 90 THIEVES IN UK SPENDING POOR PEOPLE's MONEY. FOUR HUNDRED BRITISH POUNDS PER DAY FOR EACH ONE JUST FOR THE HOTEL. OTHER STUPID EXPENSES ARE EXTRA.
AND IN PAKISTAN, THERE IS NO ELECTRICITY FOR ALL MONEY HAS BEEN STOLEN ALREADY.

♥●• İzdihër •●♥ said...

wow, that's so informative.

R. Ramesh said...

politicians..hmmm..less said the better..how r u doing bhaiyaji..sure all well and best wishes always

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